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2018 Supreme(Cal) 890
IN THE HIGH COURT OF CALCUTTA
ARIJIT BANERJEE, J.
Paresh Chandra Ghosh @ Paresh Ghosh – Appellant
Versus
State of West Bengal & Ors. – Respondents
WP 9854 (W) of 2016
Decided on : 18-07-2018
Advocate Appeared:
For the Appellant : Mr. Partha Sarathi Bhattacharya, Mr. Raju Bhattacharjee, Adv.
For the Respondent: Mr. Jayak Kumar Gupta, Mr. Supriyo Chattopadhyay, Ms. Iti Dutta, Adv
The employees of the District Primary School Councils are entitled to the benefit of the DCRB Scheme, 1981, as per the West Bengal Primary Education Act, 1973, Sec. 105 and relevant notifications and memoranda.
Headnote:
Pension Scheme - Employee Benefits - West Bengal Primary Education Act, 1973, Sec. 105 - West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 - Sec. 105 (2)(c) of the 1973 Act - Notification No. 253-SE(Pry) dated 14 March, 2007 - Memorandum No. 75-SE(B)/IM-4/2009 dated 19 May, 2009
Fact of the Case:
The petitioner, a retired Upper Division Clark, sought to switch from the CPF-cum-Gratuity Scheme to the GPF-cum-Pension Scheme. The Principal Secretary, School Education Department, rejected the petitioner's request based on the belief that the benefit under the Government notification dated 13 June, 2014 was only available to teaching and non-teaching staff of recognized Non-Government Aided Educational Institutions.
Finding of the Court:
The court found that the employees of the District Primary School Councils are entitled to the benefit of the DCRB Scheme, 1981, as per the West Bengal Primary Education Act, 1973, Sec. 105 and relevant notifications and memoranda. The court set aside the order of the Principal Secretary and directed the respondent authorities to extend the benefit of the DCRB Scheme, 1981 to the petitioner from the applicable date.
Issues: The main issue was whether the petitioner, as an employee of the District Primary School Council, was entitled to switch from the CPF-cum-Gratuity Scheme to the GPF-cum-Pension Scheme.
Ratio Decidendi: The court held that the employees of the District Primary School Councils are entitled to the benefit of the DCRB Scheme, 1981, as per the West Bengal Primary Education Act, 1973, Sec. 105 and relevant notifications and memoranda. Denying such benefit to the petitioner would be violative of Art. 14 of the Constitution of India.
Final Decision: The impugned order was set aside, and the respondent authorities were directed to extend the benefit of the DCRB Scheme, 1981 to the petitioner from the applicable date. The respondent authorities were directed to complete all necessary formalities within a period of eight weeks from the date of the judgment.
JUDGMENT :
Arijit Banerjee, J.:-
1. The writ petitioner challenges an order dated 11 April, 2016 passed by the Principal Secretary, School Education Department, Government of West Bengal, whereby the prayer of the petitioner to switch over from the CPF-cum-Gratuity Scheme to the GPF-cum-Pension Scheme has been turned down.
2. The petitioner was working as an Upper Division Clark in the office of the District Primary School Council, Dakshin Dinajpur (in short the said ‘DPSC’). He retired from service on 31 May, 2017. He had earlier opted for the CPF-cum-Gratuity Scheme. He submitted a revised option on 24 July, 2014 for switching over to the GPF scheme in terms of notification no. 749-SE(L)/SL/5S-56/73 dated 13 June, 2014 issued by the School Education Department, Government of West Bengal. In view of the delay on the part of the authorities to take a decision, the petitioner filed a writ petition being WP 24710(W) of 2015 in this Court. By an order dated 26 November, 2015 a learned Single Judge disposed of the writ petition by directing the Secretary, School Education Department to decide the prayer of the petitioner in accordance with law within six weeks from the date of communication of the order to him.
3. Pursuant to the said order the Principal Secretary of the School Education Department, Government of West Bengal gave an opportunity of hearing to the petitioner and passed the order which is under challenge in the present writ application. The Principal Secretary was of the view that the benefit under the Government notification dated 13 June, 2014 was available only to the teaching and non-teaching staff of recognized Non-Government Aided Educational Institutions and the petitioner being an employee of the DPSC, he did not come under the purview of the said Government notification. Accordingly, the petitioner’s prayer was rejected.
4. Essentially the petitioner seeks benefit of the West Bengal recognized Non-Government Educational Institutions Employees (Death-cum-Retirement Benefit) Scheme, 1981 (in short the said ‘DCRB Scheme’). Learned Counsel for the petitioner as well as the State have both referred to the relevant clauses of the said scheme. Clause 2 of the said scheme provides that the retirement benefits under the said scheme will be admissible to all whole-time approved teaching and non-teaching employees of the Non-Government/Sponsored/Aided Institutions as shown in Statement-I who were in active service on or after 01.04.1981 subject to the conditions mentioned in the said scheme. Item no. 13 in Statement-I refers to approved employees of District School Boards. District School Board has been defined in paragraph 5(c) of the said scheme as meaning the Board established under the Bengal Rural Primary Education Act, 1930. The employees of District School Boards are entitled to the benefit of the DCRB Scheme.
5. By Sec. 105 of the West Bengal Primary Education Act, 1973, the Bengal Rural Primary Education Act, 1930 was repealed. Sec. 105 (2)(c) of the 1973 Act provides that all officers, teachers and other staffs of primary schools employed by the District School Board established for a District and continuing in office or primary schools immediately before such repeal shall be deemed to be employed by the Primary School Council established for the District on such terms and conditions as may be determined by the State Government.
6. Mr. Bhattacharyya, learned Sr. Counsel appearing for the petitioner drew my attention to a judgment dated 16 July, 2013 delivered by a Special Bench of this Court in the case of District Inspector of Schools (SE), Calcutta Anr.-vs.-Abhijit Baidya & Ors. reported in 2013 (3) CLJ (Cal) 178 and in particular my attention was drawn to paragraph 76 of the said judgment which reads as follows:-
“76. We direct the State Government to give opportunity to all the petitioners and other employees similarly situated to submit option to switch over to Pension-cum-Gratuity by issuing public notice in at
