Assam Madhyamik Sikshak Arukarmachari Santha,
Nagaon. Vs. The State of Assam & Ors  INSC 628 (30 April 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (5) 613 1996 SCALE (4)650
30TH DAY OF APRIL 1996 Present:
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
following Order of the Court was delivered:
Assam Madhyamik Sikshak Aru Karmachari Santha,
Nagaon. V. The State of Assam & Ors.
O R D
have heard learned counsel on both sides.
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.
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.
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.
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.
appeal is accordingly disposed of. No costs.
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