MP High Court Declines Reinstatement Of "Guruji" Teachers In Schools Running Without Approvals But Directs Payment Of Honorarium For Time Served

The Madhya Pradesh High Court has recently held the appointment of "Gurujis" in schools running without approval by the competent authority, as 'invalid'. The Collector in his order however found that though the schools were being run without any prior approval but petitioners had performed their duties, and hence were entitled to honorarium for the said period. Justice Dwivedi said, “I am of the opinion that the schools in which petitioners have been performing their duties as Guruji since not found approved as per the required provisions mentioned under the Scheme, the appointment of petitioners cannot be said to be a valid appointment and therefore, honorarium if any cannot be directed to be paid to them.Although, duties have been performed by the petitioners for the period as has been considered by the Collector in his order and directed that honorarium be paid to the petitioners, the said order has never been assailed and set aside by any of the authority, therefore, I am disposing of this petition directing respondent No.8 to comply with the order passed by the respondent No.3 and if petitioners have not been paid honorarium as per the prevalent rate for the period they have performed their duties, the same be paid to them.” For context, under the scheme, Gurujis are designated teachers who are appointed to provide preliminary school facility to children specially in remote areas. The Court stated that the Collector's order dated September 26, 2011, had already recognized the petitioners' service and mandated payment of honorarium, a decision that had not been set aside by any higher authority.