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2006 Supreme(Cal) 618
High Court Of Calcutta
Prabir Kumar Samanta And Tapen Sen, JJ.
DIRECTOR OF PUBLIC INSTRUCTIONS - Appellant
Versus
ASSOCIATION OF SUPERANNUATED TEACHERS OF NON-GOVERNMENT COLLEGES - Respondent
M. A. T. 1749 Of 2003
Decided On : 09/20/2006
Bikash Ranjan Bhattacharya, KAUSHIK BANERJEE, NANDINI MITRA, Subrata Talukdar
Government notifications promising parity in pensionary benefits between non-government and government college teachers create a legally enforceable right to such parity, and the government cannot subsequently withdraw or modify the benefits once they have been granted.
Headnote:
WEST BENGAL COLLEGE TEACHERS (DEATH-CUM-RETIREMENT BENEFIT) SCHEME - PENSIONARY BENEFITS - PARITY - NON-GOVERNMENT COLLEGE TEACHERS - GOVERNMENT COLLEGE TEACHERS - ACT-SECTION REFERRED: WEST BENGAL COLLEGE TEACHERS (SECURITY OF SERVICE) ACT, 1975 - SUMMARY: The court held that the West Bengal government's decision to provide parity in pensionary benefits to non-government college teachers who opted for the UGC pay scales was a conscious one, dating back to notifications issued in 1975, 1976, and 1978. The court interpreted these notifications as indicating the government's intent to treat non-government employees at par with government employees in terms of retirement benefits. The court rejected the argument that the two groups of teachers constituted separate categories and were not entitled to the same benefits, emphasizing that the government had taken a clear decision to bring about parity between them. The court's decision was based on the interpretation of the government notifications and the conclusion that the government could not withdraw or modify the benefits once they had been granted.
Fact of the Case:
Non-government college teachers in West Bengal sought parity in pensionary benefits with government college teachers, claiming that government notifications issued in 1975, 1976, and 1978 had promised such parity. The state government resisted the claim, arguing that non-government teachers were a separate class and not entitled to the same benefits as government employees.
Finding of the Court:
The court held that the government notifications issued in 1975, 1976, and 1978 clearly indicated the government's intent to bring about parity in pensionary benefits between non-government and government college teachers. The court rejected the state government's argument that the two groups of teachers constituted separate categories and were not entitled to the same benefits.
Issues: 1. Whether the government notifications issued in 1975, 1976, and 1978 created a legally enforceable promise of parity in pensionary benefits between non-government and government college teachers. 2. Whether the non-government teachers were a separate class, distinct from government employees, and thus not entitled to the same retirement benefits.
Ratio Decidendi: The court held that the government notifications issued in 1975, 1976, and 1978, when read together, demonstrated the government's clear and unequivocal intent to provide parity in pensionary benefits to non-government college teachers who opted for the UGC pay scales. The court found that the government had taken a conscious decision to treat non-government employees at par with government employees in terms of retirement benefits. The court rejected the argument that the two groups of teachers constituted separate categories and were not entitled to the same benefits, emphasizing that the government had taken a clear decision to bring about parity between them.
Final Decision: The court allowed the appeal filed by the non-government college teachers and directed the state government to restore parity in pensionary benefits between them and retired government college teachers, as contemplated by the government notifications issued in 1975, 1976, and 1978. The court also directed the state government to clear the arrears of pension within one year, either by a one-time payment or in two equal installments.
( 1 ) THIS appeal is directed against the judgment dated 12. 10. 2001 passed by a learned Single Judge of this Court in CR No. 7993 (W) of 1993 whereby and whereunder the prayer of the respondents/ petitioners (hereinafter referred to for the sake of brevity as the respondents)to apply and extend the benefits given to the retired Teachers of Government colleges was allowed in the following terms: "in these circumstances respondents are directed to restore parity of pensionary benefits between the petitioners and retired teachers of government Colleges as contemplated under the aforesaid three notifications/government orders dated 7. 4. 1975, 11. 5. 1976 and 31. 5. 1978. The petitioners shall be entitled to benefits of revision of pensionary benefits given to the retired teachers of Government Colleges from time to time by virtue of various Government orders annexed to the petition as Annexure 'd' to 'g'. They shall also be entitled to all arrears of pension calculated on the basis of Annexurcs 'd' to 'g' the parity as regards pensionary benefits between the two classes of teachers must be restored by paying the petitioners whatever arrear they may be entitled to in accordance with the aforesaid three notifications. I further directed the respondents to clear the arrears of pension within one year either by one time payment on in two equal instalments, from today arising out of revision of pensionary benefits that were given to retired teachers of government Colleges but denied to the petitioners so long. All such arrears may be paid in two equal instalments in the discretion of the government but all such payments of arrears must be completed within a period of 1 year from today. I further direct that all revisions of pensionary benefits that may be given to retired teachers of Government colleges of West Bengal from time to tune in future or that might have already been given to them since issuance of the said three notifications dated 7. 4. 1975, 11. 5. 1976 and 31. 5. 1978 must apply equally to petitioners and similarly situated others covered by the said three notifications and they shall be entitled to the same. In case any of the petitioners or similarly situated others expired before delivery of this judgment, their legal heirs shall be entitled to the same in accordance with law dealing with the subject. Petition is, therefore, allowed. No order as to costs. "
( 2 ) IN the writ petition, the respondents stated that by a Notification dated 7. 4. 1975 the Teachers of Non-Government Colleges were given the option of revised UGC pay scale and subsequently vide a Notification dated 11. 5. 1976 those Teachers including the respondents herein became entitled to receive retirement benefits as admissible to State Government employees of corresponding pay and rank. They also stated that pursuant to the commitment made by the aforementioned Notifications, the Government of West Bengal issued a 3rd Notification dated 31. 5. 1978 introducing a Death-cum-Retirement Benefits Scheme for the superannuated non-Government college Teachers with retrospective effect from 1. 4. 1974. According to the respondents herein, on the issuance of the aforesaid 3rd Notification dated 31. 5. 1978, the commitment and/or promise made by the State Government to extend corresponding and equal retirement benefits as notified earlier by notification dated 11. 5. 1976 stood fulfilled. According to the respondents, the Government, after having conferred retirement benefits to non-Government College Teachers at par with the corresponding State government College Teachers by Notification dated 31. 5. 1978, issued a series of other Notifications upwardly revising the retirement benefits of State government College Teachers/pensioners but the benefit of such upward revisions were not extended to these respondents who were non-Government college Teachers.
( 3 ) IN the background of the aforementioned grievances, the respondents filed the aforement
