DIRECTOR OF PUBLIC INSTRUCTIONS GOVERNMENT OF WEST BENGAL Vs. ASSOCIATION OF SUPERANNUATES TEACHERS OF NON GOVERNMENT COLLEGE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.10.2001 passed by a learned Single Judge of this Court in CR No. 7993 (W) of 1993 whereby and whereunder the prayer of the respondents/ petitioners (hereinafter referred to for the sake of brevity as the respondents) to apply and extend the benefits given to the retired Teachers of Government Colleges was allowed in the following terms: "In these circumstances respondents are directed to restore parity of pensionary benefits between the petitioners and retired teachers of Government Colleges as contemplated under the aforesaid three notifications/Government orders dated 7.4.1975, 11.5.1976 and 31.5.1978. The petitioners shall be entitled to benefits of revision of pensionary benefits given to the retired teachers of Government Colleges from time to time by virtue of various Government orders annexed to the petition as Annexure 'D' to 'G'. They shall also be entitled to all arrears of pension calculated on the basis of Annexurcs 'D' to 'G' the parity as regards pensionary benefits between the two classes of teachers must be restored by paying the petitioners whatever arrear they may be entitled to in accordance with the aforesaid three notifications. I further directed the respondents to clear the arrears of pension within one year either by one time payment on in two equal instalments, from today arising out of revision of pensionary benefits that were given to retired teachers of Government Colleges but denied to the petitioners so long. All such arrears may be paid in two equal instalments in the discretion of the Government but all such payments of arrears must be completed within a period of 1 year from today. I further direct that all revisions of pensionary benefits that may be given to retired teachers of Government Colleges of West Bengal from time to tune in future or that might have already been given to them since issuance of the said three notifications dated 7.4.1975, 11.5.1976 and 31.5.1978 must apply equally to petitioners and similarly situated others covered by the said three notifications and they shall be entitled to the same. In case any of the petitioners or similarly situated others expired before delivery of this judgment, their legal heirs shall be entitled to the same in accordance with law dealing with the subject. Petition is, therefore, allowed. No order as to costs."

(2.) In the writ petition, the respondents stated that by a Notification dated 7.4.1975 the Teachers of Non-Government Colleges were given the option of revised UGC pay scale and subsequently vide a Notification dated 11.5.1976 those Teachers including the respondents herein became entitled to receive retirement benefits as admissible to State Government employees of corresponding pay and rank. They also stated that pursuant to the commitment made by the aforementioned Notifications, the Government of West Bengal issued a 3rd Notification dated 31.5.1978 introducing a Death- cum-Retirement Benefits Scheme for the superannuated non-Government College Teachers with retrospective effect from 1.4.1974. According to the respondents herein, on the issuance of the aforesaid 3rd Notification dated 31.5.1978, the commitment and/or promise made by the State Government to extend corresponding and equal retirement benefits as notified earlier by Notification dated 11.5.1976 stood fulfilled. According to the respondents, the Government, after having conferred retirement benefits to non- Government College Teachers at par with the corresponding State Government College Teachers by Notification dated 31.5.1978, issued a series of other Notifications upwardly revising the retirement benefits of State Government College Teachers/pensioners but the benefit of such upward revisions were not extended to these respondents who were non-Government College Teachers.

(3.) In the background of the aforementioned grievances, the respondents filed the aforementioned writ petition bearing CR No. 7993 (W) of 1993 wherein they prayed inter alia, for the issuance of writ of mandamus commanding upon the authorities of the Government to show cause as to why the Notifications revising the retirement benefits of State Government employees be not made applicable to non-Government College Teachers of similar rank and pay. They also prayed for an order commanding upon the authorities to take steps for revising the pension of the respondents in accordance with the Notification dated 11.5.1976 and 31.5.1978 including steps for sanctioning their retirement benefits at par with State Government employees/pensioners.