SHILLONG: The High Court of Meghalaya has issued a slew of directives for the benefit of deficit and ad hoc college teachers of the state based on two writ petitions filed by the Meghalaya College Teachers’ Association.
The High Court on Thursday asked the government for correction of Contributory Provident Fund immediately with retrospective effect as per the Contributory Provident Fund Rules (India), 1962, and the Assam Deficit College Employees (Pension) Rules, 1998.
The division bench comprising Chief Justice Mohammad Yaqoob Mir and Justice SR Sen said the teachers who joined service on or after April 1, 2010, can be given the benefit of the new Defined Contributory Pension Scheme with effect from the same date instead of April 1, 2018.
In addition, the order also said teachers who retired/joined prior to April 1, 2010, as well as those who are still serving and also those who retire after 2010 till 2018 and in future, the benefits of the Assam Non-Government (Deficit) College Central Pension and Provident Fund Act, 1997, and the Assam Deficit College Employees (Pension) Rules, 1998, “shall be given with retrospective effect”. The court directed the government to frame rules for all pension benefits, including family pension for retired teachers and those who have expired as per the Assam Acts and Rules, besides directing the government to also take immediate care to clear the monthly salary of teachers who are not getting their salary for months together.
The court also directed the government to make rules that none of the teachers should lose even a single paise of the benefits and that should be applicable to all teachers who have joined/retired from the time of statehood.
“Government should pay the contribution which they are supposed to pay from the time of inception of statehood to the teachers serving, retired or expired. Government is also further directed to ensure that during and after service, all the teachers should live a decent and comfortable life with their kith and kin and no teacher or their family should suffer financial constraint which leads to starvation or non availability of treatment,” the order said while adding that government should adhere strictly in letter and spirit the principle of Doctrine of Equality, Article 14, 16 and 39(d) of the Directive Principles of State Policy of the Constitution of India i.e., equal pay for equal work.
The court also maintained that the government should not take the plea of financial constraint to follow the directions as the management of fund is totally upon the respondents-government for which teachers should not suffer.
“It is also directed that no tax should be deducted on the contribution made by the teachers,” the order said while directing the government to issue instructions to all colleges in that regard and if any tax is deducted at the time of contribution of the Provident Fund, that is to be refunded immediately.
The court also added that in case the government fails to correct the Contributory Provident Fund and other directions, they will have to pay pension to government deficit/ad hoc/aided college teachers and staff as per pension rule applicable to government college teachers and staff.
The directions are to be complied in letter and spirit within three months from the date of this judgment, the court said.
