The court held that the Act's silence on making any kind of restriction between Pre-Primary Teachers and Primary Teachers implies that some benefits should be given to the Pre-Primary School Teachers, and not doing so would violate Article 14 of the Constitution of India.

JUDGMENT :

S.R. Sen, J.

1. Heard Mr. R. Kar, learned counsel for the petitioners as well as Mr. S. Sen Gupta, learned Addl. Sr. GA.

2. The brief fact of the petitioner's case in a nutshell is that:

"The Petitioners are all appointed as Pre-Primary Teachers in the various Districts of Garo Hills by the administrators who were looking after the administration of Primary Education in Garo Hills District. The said administrators were appointed by the Governor in exercise of the power conferred under Sub Para. 2 to Para. 16 of the sixth schedule of the Constitution of India, their salary though merge was paid by the State Government.

The State Government on the 2nd June, 1994 enacted an Act known as The Meghalaya (Taking over the District Council Lower Primary School) Act, 1993 for providing taking over of Primary Schools of the Districts in Meghalaya which means all the Primary Schools established by the District Council vested in the State Government. Following the passage of the Act the Teachers of the Lower Primary Schools established by the District Councils enjoyed the benefit of the same whereas the Petitioners who also were teaching in the Primary Schools established with the District Council were deprived of the benefits of the Act.

The Petitioners though discharging duties of the similar nature they artificially deprived of the benefits of the Act for reasons best known to the authorities. The Petitioners all along had been ventilating their grievances but to no avail and hence this petition, praying the intervention of this Hon'ble Court into the matter by issuing a Writ of Mandamus to the effect entitling them to all the service benefits as contemplated in the Act."

3. The learned counsel for the petitioner submits that Primary Schools were administered and run by the District Council in Garo Hills District. He also brought to the notice of this Court that the State Government on the 2nd June, 1994 enacted an Act known as The Meghalaya (Taking over the District Council Lower Primary School) Act, 1993 and further pointed out to Section 3 Clause 1 and argued that, on bare reading of the Act as referred above, it is understood that this Act covers both Pre-Primary School and Primary School as no restriction has been made in the Act. So, necessary directions may be given for equal benefits to both the Pre-Primary School and Primary School Teachers. The learned counsel for the petitioners further submits that the Pre-Primary Teachers should get the same benefits as the Primary Teachers are getting now.

4. In reply to the submission advanced by the learned counsel for the petitioner, the learned State counsel submits that, it is not a correct fact that, the Pre-Primary Teachers and Primary Teachers are holding equal position and entitled to equal benefits. However, when a question was placed by this Court to the Government counsel, whether the Act has been defined separately for the Pre-Primary Teachers and Primary Teachers? The learned State counsel replied that the Act is silent.

5. After hearing the submissions advanced by the learned counsel for the parties and after going through the petition and the Act referred above and on perusal of Section 3 Clause 1 of The Meghalaya (Taking over the District Council Lower Primary School) Act, 1993, it is clearly mentioned that, on and from the appointed date all DCLP Schools in the autonomous districts shall stand taken over by and vest in the State Government. Section 3 Clause 1 of The Meghalaya (Taking over the District Council Lower Primary School) Act, 1993 is reproduced herein below for ready reference:

"3. (1) On and from the appointed date all DCLP Schools in the autonomous districts shall stand taken over by and vest in the State Government."

6. After carefully analysing the word used under Section 3 Clause 1 of The Meghalaya (Taking over the District Council Lower Primary School) Act, 1993, it is clearly understood that the Act is silent to make any kind of restriction between the Pr