MEGHALAYA COLLEGE TEACHERS ASSOCIATION Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Both these two writ petitions, WP(C). No. 281/2017 and WP(C). No. 360/2017 are taken up together as they are similar in nature and will be disposed of by this common judgment.

(2.) Heard learned counsels for the parties at length. Due to the unlawful acts of the respondents, the Teachers of ad hoc Grants in Aid Colleges of State of Meghalaya have been denied the benefits of not only the provisions of the Employees Provident Fund And Miscellaneous Provisions Act, 1952, they are also deprived of the benefits of any pension scheme and on their superannuation, there is no social security scheme to protect their right to a dignified life.

(3.) Heard Mr. B.K.Sharma, learned Sr. counsel assisted by Mr. R.Mazumdar, learned counsel on behalf of the petitioner who submits that the Contributory Provident Fund for the college teachers of deficit/adhoc/aided colleges were not maintained in a Schedule Bank and is simply kept in a Savings Bank account where the interest is much more less than the Schedule Bank and until that is corrected by the respondents, the teachers are bound to suffer. Learned Sr. counsel also argued that the Fifth Pay Commission recommendation was issued on 2010 but the Notification dated 13-04-2018 at Annexure-1 of the additional affidavit of the respondent No. 2 which states that the recommendation will come into effect from 01-04-2018, hence learned Sr. counsel submits that if it is from 01-04-2018, what benefits will be given to those teachers who have joined prior to 2018 as well as the teachers who have joined prior to 01-04-2010.