JUDGMENT
Ajit Kumar Sengupta, J.
1. The petitioner is a registered body of the retired teachers and non-teaching staff of the Non-Government Schools. The Petitioner No. 2 is the General Secretary of the Petitioner No. 1.
2. The State Government by a Memorandum No. 2156-Edn(s)I-E-14/67 dated 20th September 1967 framed a Scheme known as “Recognised Non-Government Secondary Institution Pension Rules”. These Rules apply to permanent employees (both teaching and non-teaching) serving in a recognised Non-Government Secondary Institution participating in the Grant-in-Aid Scheme. These Rules came into force on and from 1st April, 1966. Terminal benefits include Contributory Provident Fund with employers’ contribution at the rate of 6 1/2 % of basic pay and pension (including Special Pay, if any) for every completed year of service upto a maximum of 30/120th of the pay. This rate is much below the rate granted to the Government School pensioners being 33/80 of such average pay.
3. According to the petitioners the above Pension Rules contain no provision for:
a) Gratuity;
b) Family pension, and
c) Commutation of pension,
which benefits are admissible to the retired Government Employees, whether teachers or not, under the new Pension Rules effective from 1st April. 1981.
4. The State Government in terms of Finance Department’s Resolution No. 9716-E dated 16th November 1977 set up a 2nd Pay Commission to consider and recommend the pay-structure and pensionary benefits of the teaching and non-teaching employees who are then in active service in the different Non-Government Educational Institutions and the said Pay Commission by its report dated 15th October 1980 recommended certain pay-scales, and pensionary benefits for teaching and non-teaching of all recognised Government and Non-Government Institutions in West Bengal. The State Government on the basis of the recommendation of the said Pay Commission by its Memorandum No. 139-Edn. (B) dated 15th May 1985, inter alia, provided that retirement benefits at the rates prescribed in the West Bengal Recognised Non-Government Educational Institution Employees (Death-Cum-Retirement Benefit) Scheme, 1981 will be admissible to all whose services are approved as teaching and non-teaching employees of the Non Government Institutions who were in active service on or after 1st April 1981. Pensioners who retired from service prior to 1st April 1981 will not get these benefits.
5. The petitioners’ case is that as a result of denial of the retirement benefits there is difference in the rate of pension between Government School Teachers and Non-Government School Teachers who retired prior to 1st April, 1981, although the recommendation on retirement benefits of the Education Commission stated, inter alia, that retirements benefits given to teachers in Government Service should also be extended to teachers working in Educational Institutions conducted by local authorities and private organisations. The Non-Govt. School Teachers who retired on and after 1st April, 1981 have been given the retirement benefits as recommended by the Pay Commission to the exclusion of those who retired before 1st April, 1981.
6. This action of the respondent is under challenge in this application. The question which is now agitated before this Court is now fully concluded by the judgment of the Supreme Court in the case of D.S. Nakara v. Union of India reported in 1983-I-LLJ-104. The Supreme Court held that the pensioners formed one class and that there is no basis for making classification between the pensioners who had retired before or after a particular date and that the persons who retired earlier were entitled to get the benefit of the Notification under which the pensions have been revised at the enhanced rate. In the result this application is allowed.
7. The revised pensionary benefits must be extended to all persons who have retired before 1st April 1981 and in the matter of computation of pensionary benefits, all other benefits which have been given to the persons who have retired after 1st April 1981 should also be given to the persons who have retired before 1st April 1981 and their pensionary benefit should be computed and paid accordingly.
8. The respondents are directed to pay the members of the petitioner Association, 45 in number, who have retired before 1st April 1981 at the same rate at which the pensioners will be paid after 1st April 1981. In other words all the pensioners shall be entitled to pension as computed under the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 from 1st April 1981 irrespective of the date of retirement. Arrears of pension prior to the specified date i.e. 1st April 1981 as per fresh commutation is not admissible. The respondents shall pay the arrears of revised pension to the pensioners who have retired prior to 1st April 1981 within the period of three months from the date of communication of this order and shall go on paying the remaining portion month by month from September, 1988 on the basis of revised commutation under the said Scheme.
9. All parties concerned to act on a signed copy of the minutes of the ‘dictated order’ on usual undertaking.
