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AMRITA SINHA
Indrani Majumder – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
The issue to be decided in all the writ petitions is whether teachers of DA getting non-Government primary schools will be entitled to receive pension from the State Government after their retirement.
The issue of the writ petitions being the same, all the writ petitions are taken up analogously and are being disposed of by this common judgment.
The petitioners are retired teachers of non-Government primary schools recognized by the State Government. The salary of the teachers is paid from the school fund in accordance with the scale of pay fixed by the Government. Only the dearness allowance is paid by the State Government in ratio with the pay received by the teacher.
According to the petitioners, as the State Government is releasing pension in favour of the DA getting secondary schools, accordingly, the teachers of the DA getting primary schools should also be paid pension by the State Government.
The prayer of the petitioners for releasing pension in their favour was considered by the Commissioner of School Education and the same has been rejected on the basis of the observation of the finance department that teachers of non-Government DA getting primary schools are not cov
The absence of statutory provisions for pensionary benefits prevents the extension of such benefits to retired employees of aided schools despite claims of equality with government employees.
The expression ‘qualifying service’ is defined in Rule 5(1)(f) of the Mumbai Municipal Corporation Pension Rules, 1953 to mean and include among others duty performed in a permanent post.
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed....
Employment and Service matter - Payment of provident fund - New Pension Scheme - Enforcement of - Under impugned order making applicable NPS being institutions brought within the purview of Payment o....
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