The most disappointing situation of our country is that despite being the citizens of the same land and adopting the same constitution, different people are treated differently in terms of violation of the fundamental rights of laboring class through violation of labor laws. All over the world there are a lot of people who are working in different organizations ranging from govt. to private. And all the employees don’t have a regular status. For instance, in Medical, Education, Banking and Finance, Developmental field, there are multiple categories of employees who are performing the same duty or execute the same work, but are paid unequally. I would like to put forth the details of only two departments that seem, like everyone, to me as crucial with regard to public service and the contribution to humanity as well nation. And the analysis of this maltreatment can be done by visualizing the data of various organizations (both govt. and Pvt.)

Reasons for Contract Hiring

Administrative flexibility: Contract hiring allows the government to quickly respond to short-term or urgent needs without the long-term commitments and rigid structures associated with permanent positions.Cost and liability management: This approach helps avoid long-term liabilities such as pensions and structured career advancements associated with permanent staff.Quick recruitment: The hiring process for contract roles is often much faster than for permanent positions, which can take months or years to complete.Addressing immediate needs: The government can hire personnel for specific projects or administrative exigencies, such as deploying health workers during a pandemic or hiring staff for a new digital initiative. Opportunity for freshers: Contractual roles can provide a valuable entry point and experience for fresh graduates who may not be able to wait for long exam cycles for permanent positions.Filling specialized roles: The government can hire individuals with specific skills or expertise on a contractual basis as consultants or for project-based work.
Wages analysis: In Medical filed we have doctors of two categories ie; PSC Qualified and contractual doctors that get two different pay scales. For example, a regular doctor gets a salary as given under: Govt sector(Regular) Fresh MBBS Graduate: Around 4–12 LPA, with some starting at 5.04 LPA.MBBS with experience: Mid-career doctors (5-10 years) can earn 60,000-1,00,000 per month, while senior doctors with over 10 years can earn 80,000–1,50,000 per month or more.MD/MS Specialist: Experienced MDs can earn between 10–30 LPA, and highly experienced ones may earn over 50 LPA.DM/MCh Super Specialist: Can earn 25–90 LPA, with some reaching 1.5–2 crore annually in private hospitals or their own practice. Government sector (contractual) Varies greatly, from approximately 1.9 Lakhs to 12.0 Lakhs per year, depending on the specific role and state. Which means 15883-1, 00,000 per month. While as the doctors working under the flagship program NHM/NRHM draw the salary ranging from 60-70 thousand /month.
Now let’s move towards the Education department at center as well as state level. In a state a professor in regular capacity draws ranging from Rs 15 LPA calculating to Rs. 2.5 lakhs -4 lakhs per month @ NITs/IITS.And Rs 10 lakhs to 20 lakhs @ universities throughout India. While as Assistant Professors draw a salary of Rs college level Assistant Professors draw a salary of INR 68, 900 and a professor draws INR 1, 44,200.In case of college contractual Assistant Professors/Lecturers it INR 22000-28000 in Jammu and Kashmir. And almost in every state in India as the case referred to in the following paragraphs will mention that in Gujarat such Lecturers/Assistant professors are paid INR 28000 – 35000 only.

Eligibility Criteria

Coming the eligibility criteria that are same for a regular as well as a contractual employee.Then why such a disparity with these employees. And my question to the authorities is like: aren’t such employees the citizens of India and don’t those lecturers have fundamental rights. Ok, lets see what happens in central level organization like NVS/KVS/ EMRS and Army Public Schools throughout India. As it is clear that the employees in all these organizations are equally paid. For instance a regular PGT of this organization draws a basic salary of Rs. 47600 while as TGT draws Rs 44600 and including TA/DA, HRA and other allowances the gross salary amounts to 80000-100000 respectively. And a contractual employee in the same capacity is paid Rs 35000- 42000 in case of NVS and Rs 31,250-32,500 in case of KVS and EMRS which doesn’t equal even to the basic salary of regular ones and the required eligibility is same here as well with only exception that the regular ones face a written test plus interview and the fact is that contract employees face only interview that too at the end of every academic session or before the next session starts. Then why this injustice with contract employees. The tragedy doesn’t here only, but gets adverse when it comes to leave provision and other basic facilities provided to contract employees. For instance, a contract employee is granted on 8 casual leaves during 10 months period and no medical leave,CCL, EL etc is granted to a contract employee. The highest level of disgrace comes in being when a contract employee joins a residential institute like JNVs/ EMRS etc he is provide shared accommodation hence violating his right to personal life and liberty. While as a regular employee is provided a full accommodation. Why such inequality that too in fundamental rights.

The Judicial Perspective

The court cases data all over the country and the verdict given by the Honorable Supreme Court after the genuine demands had been denied by the organizations and even not supported by state high courts. One such case,as a matter of reference , can be mentioned here to make a solidity of the case study.(Civil Appeal No… of 2025 arising out of SLP(c) No.1347 of 2024 - SHAH SAMIR BHARTI & ORS. VERSUS STATE OF GUJRAT &ORS) that was filed in Honorable Supreme Court of India and subsequently the orders from High Court of Gujarat –denying the equal benefits to the lecturers /professors working contract/contract basis. I would like to quote Para 4 &7 respectively from the said judgment that read as:
“Academicians, lecturers and professors are the intellectual backbone of any nation, as they dedicate their lives to shaping the minds and character of future generations. Their work goes far beyond delivering lectures – it involves mentoring, guiding research, nurturing critical thinking and instilling values that contribute the progress of society. However, in many contexts their compensation and recognition extended to them do not truly reflect the significance of their contribution .When educators are not treated with the dignity , it diminishes the value a country places on knowledge and undermines the motivation of those entrusted with building its intellectual capital . By ensuring fair remuneration and dignified treatment, we affirm the importance of their role and reinforce the nation’s commitment to quality education, innovation and a brighter future for its youth.”
“We have a serious concern about the way we treat our teachers. They educate our future generations enable them to acquire necessary qualification and expertise. The respondents (contractual Assistant Professors/ Lecturers) have been teaching in various Engineering colleges and other institutions in the state of Gujarat. All India council for technical education has declared that these lecturers must be redesignated as Assistant Professors. Their story, to the extent it is relevant for the disposal of these appeals …..”
So if the supreme court of India holds that there should be equal pay for equal work then why should not the contractual employees including doctors, lecturers, professors etc be paid at par with the regular employees if not fully, but to the minimum basic pay scale of the regular employees of all the departments.If the constitution of India guarantees the fundamental rights to every citizen of the country then why not a contractual employee should be given the right to personal life and liberty that is often denied to a contractual employee and that too especially in residential setups. As in case of contractual employees shared accommodation is enforced on them citing the reason that the first priority is to be given to regular employees that is a clear violation of fundamental rights. Why should not the govt organizations ensure sufficient accommodations at residential set ups and provide each employee a separate quarter so that his/ her privacy is not compromised?
So for as leave provision is concerned , a contractual employee is granted just 8-10 leaves per session while as a regular employee is granted several types of leaves like Medical leave, EL, CCL etc.If a female contractual employee has the delivery and childcare matter why she is not granted a medical leave and CCL. Isn’t it a sheer injustice with the contractual employees?
So it can be said very clearly that the govt. has failed to treat the citizens of the country with the same treatment. And the practice continues to prevail even in this postmodern era. Hence , the matter of introspection is that all the stake holders must consider with genuine approach is that a strong voice must raise in this regard and a mass representation should be put before the prime minster of our nation combined with a joint litigation should be filed at Honorable Supreme Court of our country and the law trustees of justice must ensure the equality among the workers/ employees of the countries. In addition to that the different beneficial coverage like EPF/ PRAWN must be extended to these employees so that they live a dignified life and contribute to the nation up to the maximum level. My personal appeal to the intellectual community would be like commenting and writing on the said issue is the paramount need of the hour.

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