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2004 Supreme(Cal) 739
High Court Of Calcutta
Arun Kumar Mitra
TARUN DUTTA - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P. 7972 (W) Of 2002
Decided On : 11/30/2004
A.N.ROY, AMIT KUMAR ROY
Minority institutions receiving government grant are amenable to writ jurisdiction and must follow Governmental circulars or approaches regarding pay packets. The doctrine of promissory estoppel applies to prevent the school authorities from going back on their promises to pay the petitioner his dues.
Headnote:
WRIT PETITION - MAINTAINABILITY - SCHOOL RECEIVING GOVERNMENT GRANT - FINANCIAL BENEFITS - ROPA RULES - APPLICABILITY - PROMISSORY ESTOPPEL - DELAY IN FILING WRIT PETITION - CONTINUOUS CAUSE OF ACTION - EXPLANATION - WRIT PETITION ALLOWED - DUES TO BE SETTLED - PAYMENT WITHIN ONE MONTH.
Fact of the Case:
Petitioner, an Assistant Teacher at Scottish Church Collegiate School, retired in 1997 after serving for 37 years. He claimed entitlement to retirement benefits including gratuity, arrear salary, and Provident Fund (PF) and Employees' Provident Fund (EPF) as per ROPA-98. The school authorities allegedly paid him a lesser amount, claiming that the petitioner was not entitled to the benefits as he had not opted for the revised pay scale introduced in 1990.
Finding of the Court:
1. Writ petition is maintainable against an institution performing public functions and discharging public duties. 2. Minority institutions, though covered by their own rules regarding administration, must adopt Governmental circulars or approaches regarding pay packets. 3. The school authorities, having accepted the Governmental views insofar as ROPA Rules are concerned, cannot go back on their promises. 4. The doctrine of promissory estoppel brings in the doctrine of legitimate expectation, and the petitioner had a legitimate expectation to receive his dues. 5. Delay in filing a writ petition is not a bar to maintainability if the action is a continuous cause of action and the petitioner can explain the delay.
Issues: 1. Whether a writ petition is maintainable against the managing committee of a school receiving government grant. 2. Whether the financial benefits allowed by Government circulars or ROPA Rules are admissible to the petitioner.
Ratio Decidendi: 1. Writ petitions are maintainable against institutions performing public functions and discharging public duties, including minority institutions. 2. Minority institutions must follow Governmental circulars or approaches regarding pay packets, even if they have their own rules for administration. 3. The school authorities, having accepted the Governmental views insofar as ROPA Rules are concerned, are bound by promissory estoppel and cannot go back on their promises to pay the petitioner his dues. 4. Delay in filing a writ petition is not a bar to maintainability if the action is a continuous cause of action and the petitioner can explain the delay.
Final Decision: The writ petition is allowed. The respondent authorities are directed to settle the dues of the petitioner regarding his Provident Fund, Gratuity, arrear salary, and other dues (balance amount) after adjustment of the amount paid to the petitioner. Such payment is to be made to the petitioner within one month from the date of communication of this order.
( 1 ) THE prayers made out in the instant writ petition are as follows:-a) A writ in the nature of Mandamus, directing and/or commanding the respondents to release the petitioner's all retirement benefit for Rs. 1,70,488. 50 on account of Gratuity, rs. 11,364. 00 on account of arrear salary and also balance amount of P. F. and E. P. F. of the petitioner + 18% interest per annum and thereby make the Rule absolute. b) A writ of or in the nature of Certiorari directing the respondents to transmit all the original relevant papers and documents relating to the case before the Hon'ble Court at the time of hearing of the case, so that conscionable justice may be done.
( 2 ) ADMITTEDLY the petitioner is an Assistant Teacher of Scottish church Collegiate School and there is no dispute also that he joined the school on 1st September, 1960 and superannuated from service on 1st October, 1997. The petitioner admittedly possessed qualification of B. Sc. (Bio-Science) and it is also admitted that the petitioner improved his educational qualification by securing degrees in B. Sc. (Special Rons.) in Zoology in the year 1964, B. T. in the year 1967 and lastly he obtained the degree in M. A. (Islamic History) in the year 1972. In support of his claim he has craved for leave to produce those certificates at the time of hearing. The petitioner in paragraph 4 of this writ petition stated that after obtaining the aforesaid higher qualification, the school authority time to time allowed the petitioner incremental benefits for his higher qualification with due approval of the authority concerned. The petitioner also claimed that he was granted M. A. scale of pay by the school authority and he was also allowed benefit to be continued till his retirement without any condition or stipulation.
( 3 ) ACCORDING to the petitioner when he joined the said school at that time the said school had its own scale of pay. The petitioner also averred in the writ petition that in the year 1990 the school introduced a new scale of pay for the employees of the school in terms of Notification No. 33-Edn. (B) dated 7th March, 1990 issued by the Education Department.
( 4 ) ACCORDING to the petitioner Government of West Bengal followed the Pay Commission's recommendation and at that point of time school authority also resolved for introduction of Gratuity rules for the employess. That is to say, according the petitioner, following pay Commission's recommendation the Government of West Bengal issued Circular No. 33-Edn. (B) dated 7th March, 1990 and the petitioner was allowed the said revised scale of pay notionally effective from 1st January, 1986 and as option was sought for from the employees of the school within a stipulated period the petitioner also submitted option and got the revised pay scale.
( 5 ) ACCORDING to the petitioner after enjoying the said revised scale the petitioner retired w. e. f. 01. 10. 1997 at the age of 60 years after serving the school for long 37 years.
( 6 ) ACCORDING to the petitioner the school authorities unambiguously decided that all the employees of the school are elgible to enjoy the benefit of Provident Fund, E. P. F. and Gratuity etc. in terms of Ropa-98 and accordingly the school authority executed the said decision in all respect for all the employees of the school.
( 7 ) ON 08. 07. 1998 the petitioner submitted duly filled up form for employees Pension Scheme before the Employees Provident Fund authority. The petitioner has annexed the copy of the said form as being marked as Annexure-P2.
( 8 ) THEREAFTER, the Assistant Commissioner of the said E. P. F. organisation being Mem No. Ex-Pen. 1/w. B. /19667/476 (1) dated 07. 12. 1998 asked the school authority to furnish certain papers and documents as stated in the memo before him which are very much required for releasing the Employees' Provident Fund amount of the petitioner under Employees' Provident Fund Scheme and the said memo under dated 07. 12. 1998 was f
