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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Ashok Kumar Hazra, S/o. Late J. R. Hazra – Appellant
Versus
State of Chhattisgarh Through Secretary, Department Of School Education – Respondent
| Table of Content |
|---|
| 1. pleadings referenced for consolidated order (Para 1 , 2) |
| 2. claim for pension benefits for retired aided school teachers (Para 3) |
| 3. arguments on discriminatory pension policies (Para 4) |
| 4. state’s defense against pension claims (Para 5) |
| 5. analysis of rules governing grant-in-aid and pension benefits (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 6. supreme court interpretations on pension entitlements for aided school teachers (Para 15 , 16 , 17) |
| 7. court's conclusion on rule absence for pension benefits (Para 18) |
| 8. final ruling to dismiss petitions (Para 19) |
ORDER :
BIBHU DATTA GURU, J.
1. Since all the petitions have been filed on the same issue, they are being considered and decided together by this common order. For the sake of convenience, the pleadings and documents of WPC No. 2789 of 2017 are being referred.
2. By these petitions, the petitioners who are retired Principal/ Lecturer/ UDT from the aided schools sought a direction towards the respondents to extend the benefit of pension at par with the teachers working in the government schools.
3. Case of the petitioners, as projected in the writ petitions, is that the petitioners are retired from the aided schools an
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 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.....
Eligibility for pension under the Old Pension Scheme is contingent on service in institutions receiving 100% grants before the cut-off date of 01.11.2005, with precedents acknowledging prior unaided ....
The right to pension is recognized as a property right under Article 300-A of the Constitution, and employees who have completed the qualifying service are entitled to pensionary benefits regardless ....
The court established the validity of the State's decision to adopt a cut-off date for pension calculation, considering financial implications and policy decisions.
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