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1988 Supreme(Cal) 253
IN THE HIGH COURT AT CALCUTTA
Ajit Kumar Sen Gupta, J.
Non-Government School Pensioner's Association & Anr.
vs.
State of West Bengal & Ors.
CONSTITUTIONAL WRIT JURISDICTION Matter No. 102 of 1981
Decided On : July 1, 1988
Advocate Appeared:
R.M. Kar, H.L. Paramanik for the petitioner;
Sudhendu Mukherjee, Goutam Shom for the State.
Pensioners formed one class and there is no basis for making classification between the pensioners who had retired before or after a particular date.
Headnote:
Pension Rules - Non-Government School Teachers - The court held that pensioners formed one class and there is no basis for making classification between the pensioners who had retired before or after a particular date. The revised pensionary benefits must be extended to all persons who have retired before 1.4.81 and all other benefits given to the persons who have retired after 1.4.81 should also be given to the persons who have retired before 1.4.81.
Fact of the Case:
The petitioners, retired teachers and non-teaching staff of Non-Government schools, challenged the denial of retirement benefits and the difference in the rate of pension between Government School Teachers and Non-Government School Teachers who retired prior to 1st April, 1981.
Finding of the Court:
The court found that the denial of retirement benefits and the difference in the rate of pension between Government School Teachers and Non-Government School Teachers who retired prior to 1st April, 1981 was unjustified. The court relied on the judgment of the Supreme Court in the Case of D.S. Nakara v. Union India and directed the respondents to extend the revised pensionary benefits to all persons who have retired before 1.4.81 and to pay arrears of revised pension to the pensioners who have retired prior to 1.4.81 within three months.
Issues: The issues involved the denial of retirement benefits and the difference in the rate of pension between Government School Teachers and Non-Government School Teachers who retired prior to 1st April, 1981.
Ratio Decidendi: The court held that pensioners formed one class and there is no basis for making classification between the pensioners who had retired before or after a particular date. The persons who have retired earlier were entitled to get the benefit of the revised pensions at the enhanced rate.
Final Decision: The application was allowed, and the respondents were directed to extend the revised pensionary benefits to all persons who have retired before 1.4.81 and to pay arrears of revised pension to the pensioners who have retired prior to 1.4.81 within three months.
The petitioner is a registered body of the retired teachers and non-teaching staff of the Non-Government school. The petitioner no. 2 is the General Secretary of the petitioner no. 1.
2. The State Government by a Memorandum no. 2156-Edn(S)/I-E-14/67 dated 20.9.67 framed a Scheme known as "Recognised Non-Government Secondary Institution Pension Rules". These Rules apply to permanent employees both teaching and non-teaching) serving in a recognised Non-Government Secondary Institution participating in the Grant-in-Aid Scheme. These Rules came into force on and from 1st April, 1966. Terminal benefits include contributory Provident Fund with Employers’ contribution at the rate of 6.1/4% of basic pay and pension equal to 1/120th of the average pay of the last 3 years employees’ pay (including Special pay, if any) for every completed year of service upto maximum of 30/120th of the pay. This rate is much below the rate granted to the Government School pensioners being 33/80 of such average pay.
3. According to the petitioners the above pension Rules contain no provision for;
a) Gratuity;
b) Family pension, and
c) Commutation of pension which benefits are admissible to the retired Government Employees whether teachers or not under the now pension Rules effective from 1st April, 1981.
4. The State Government in terms of Finance Departments Resolution no. 9716-E dated 16.11.77 set up a 2nd Pay Commission to consider and recommend the pay-structure and pensionary benefits of the teaching and non-teaching employees who are then in active service in the different non-Government Educational Institutions and the said Pay-Commission by its report dated 15.10.80 recommended certain pay-scales, and pensionary benefits for teaching and non-teaching of all recognised Government and Non-Government Institutions in West Bengal. The State Government on the basis of the recommendation of the said Pay Commission by its Memorandum no. 139-Edn. (B) dated 15.5.85 inter alia, provided that retirement benefits at the rates prescribed in the West Bengal Recognised Non-Government Educational Institution Employees (Death-Cum-Retirement Benefit) Scheme, 1981 will be admissible to all whose services are approved as teaching and non-teaching employees of the Non-Government Institutions who were in active service on or after 1.4.81. Pensioners who retired from service prior to 1.4.81 will not get these benefits.
5. The petitioners’ case is that as a result of denial of the retirement benefits this difference in the rate of pension between Government School Teachers and Non-Government School Teachers who retired prior to 1st April, 1981, although the recommendation on retirement benefits of the Education Commission which stated inter alia, that retirement benefits given to teachers in Government Service should also be extended to teachers working in Educational Institutions conducted by local authorities and private organisations. The Non-Government School Teachers who retired on and after 1st April, 1981 have been given the retirement benefits as recommended by the Pay Commission to the exclusion of those who retired before 1st April, 1981.
6. This action of the respondent is under challenge in this application. The question which is now agitated before this Court is now fully concluded by the judgment of the Supreme Court in the Case of D.S. Nakara v. Union India reported in AIR 1983 SC 130. The Supreme Court held that the pensioners formed one class and there is no basis for making classification between the pensioners who had retired before or after a particular date and that the persons who have retired earlier were entitled to get the benefit of the Notification under which the pensions have been revised at the enhanced rate.
In the result this application is allowed.
7. The revised pensionary benefits must be extended to all persons who have retired before 1.4.81 and in the matter of computation of pensionary benefits, all other benefits which have been given to
