Are Contractual Teachers Under Sarva Shiksha Abhiyan Eligible for Gratuity and Regularization?

Contractual Teacher Service Under Sarva Shiksha Abhiyan

I am a contractual teacher working under the Sarva Shiksha Abhiyan project Directorate to implement RTE in our state (Assam). As per RTE section 25, the government of Assam recruited additional teachers and engaged them in contractual service since 2012 for a 5-year contract period. Now, the Assam government is extending their service term as contractual teachers by 11 months. Whereas, as per section 38, the power function of the state legislature in the year 2011, a notification was published to implement the RTE Act, 2009 by the governor of Assam.

In that notification, salary and service conditions of additional teachers were outlined, stating that the government shall create a permanent and professional cadre of teachers. However, our state has engaged us under the State Implementation Society under Sarva Shiksha Abhiyan on a contractual basis with an agreement done with the School Managing Committee. On the other hand, we have the requisite minimum qualifications as per NCTE norms.

Eligibility for Gratuity and Regularization

Now, my question is, am I eligible to receive gratuity, and can we also claim for regularization? I am waiting for your response.

As a contractual teacher under the Sarva Shiksha Abhiyan project in Assam, the issue of eligibility for gratuity and the possibility of regularization are crucial considerations. Here is a practical response to your query:

Eligibility for Gratuity:
- Contractual employees in India are generally not entitled to gratuity as it is a benefit provided to employees who are covered under the Payment of Gratuity Act, 1972.
- The Payment of Gratuity Act mandates that an employee is eligible for gratuity only if they have worked continuously for at least five years with an establishment that has ten or more employees.
- Since contractual teachers typically do not fall under the purview of this act, they may not be eligible for gratuity unless the state government or the specific project has provisions for such benefits in their contract agreements.

Claiming for Regularization:
- Regularization typically involves the process of converting a contractual employee into a permanent employee based on certain criteria and conditions set by the employer or relevant authorities.
- In your case, if there are provisions in the notification issued by the governor of Assam regarding the creation of a permanent cadre of teachers, you may have grounds to seek regularization.
- It is essential to review the terms of your contract, the notification, and any relevant state laws or policies to understand the possibility of claiming for regularization.
- You may consider discussing this matter with the concerned authorities or seeking legal advice to explore the feasibility of moving from a contractual role to a permanent one.

It is recommended to consult with a legal expert specializing in labor laws in India or an HR professional familiar with the specific regulations governing contractual teachers in Assam for personalized guidance on your situation.