PETITIONER: ASSAM MADHYAMIK SIKSHAK ARUKARMACHARI SANTHA, NAGAON. Vs. RESPONDENT: THE STATE OF ASSAM & ORS. DATE OF JUDGMENT: 30/04/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: JT 1996 (5) 613 1996 SCALE (4)650 ACT: HEADNOTE: JUDGMENT:
THE 30TH DAY OF APRIL 1996
Present:
Hon’ble Mr.Justice K. Ramaswamy
Hon’ble Mr.Justice G.D.Pattanaik
P.K.Goswami, Sr.Adv., Rajiv Mehta, C.K.Sasi and Kailash
Vasdev, Advs. with him for the appellant
S.N.Chaudhri, Sr. Adv. and S.A.Syed, Adv. with him for the
Respondents.
O R D E R
The following Order of the Court was delivered:
Assam Madhyamik Sikshak Aru
Karmachari Santha, Nagaon.
V.
The State of Assam & Ors.
O R D E R
We have heard learned counsel on both sides.
Leave granted.
This appeal by special leave arises from the order
dated September 27, 1994 made in W.A. No. 90/94. As regards
the validity of Section 4(3) of the Assam Secondary
Education (Provincialisation) Act, 1977 (Assam Act No.XIX of
1977) (for short, the ‘Act’) which deals with teachers
working in the aided institutions taken over by the
Government under the State Act with effect from the
appointed day who were recognized to be the existing
employees with reference to the appointed day. Sub-section
(3) of Section 4 envisages that notwithstanding anything in
the preceding Section, all employees other than Grade IV
employees of a Secondary School coming within the purview of
the Act, shall retire on superannuation of 58 years. Grade V
employees on attaining the age of 60 years, shall get
superannuated. But such of those teachers who intend to
continue on service beyond 58 years, are required to
exercise their option either to the Pension Scheme or to the
payment of C.P.F. Scheme. Such of the teachers who opt to
retire on attaining the age of 58 years, shall be entitled
to the payment of pension and those who opt to continue till
the completion of 60 years, are entitled to the C.P.F. The
discrimination is discriminable based on policy. No fault
can be found in this behalf. Teachers of the Provincialised
Secondary Schools who had not exercised their option for
either o’ the scheme, were deemed to have not exercised
their option for the latter scheme and are required to
retire on attaining the age of 58 years.
It is the case of the appellant-Association of teachers
that since Rules have not been made, no option has been
given to the teachers and they remained in service till
completion of 60 years. In the case of teachers who had
remained in service after the appointed day and were yet to
complete the age of 60 years, the State Government itself
has resolved to treat them as Government teachers entitled
to pension on attaining the age of 58 years but the salary
paid to such teachers would not be recovered from them.
In view of the above resolution, it is contended by Mr.
P.K. Goswami, learned senior counsel appearing for the
Association, that the same benefit may be given to the
teachers who continued as teachers on appointed day, namely,
October 1, 19?7 and those who remained in service till
attaining 60 years be treated as Government employees
entitled to the benefit of the pension. The admitted
position is that they had already withdrawn their C.P.F.
which was due to them after their attaining the age of 60
years. Such of the teachers who had withdrawn the C.P.F.
should redeposit the same to the credit of the government.
On such deposit being made, the State is directed to Treat
them at par with the second category of teachers as per the
draft Rules now made and to treat them as if they are the
Government teacher on the appointed day and on that basis,
they would be entitled to pensionary benefits as applicable
to all the Government employees who would retire on
attaining the age of 58 years and other benefits admissible
to them.
The appeal is accordingly disposed of. No costs.