SHILLONG: The High Court of Meghalaya has directed the state government to return the recovered allowances, which were paid earlier to college teachers and also to restore the allowances as enjoyed by government college teachers from the date it was stopped.
The court, while hearing a writ petition filed by the Meghalaya College Teachers’ Association, asked the government to give their increment and other benefits.
The association filed the writ petition after the state government, on January 1, 1996, withdrew several allowances – house rent, medical, winter and hill compensatory allowances – to teachers in deficit colleges who were getting UGC pay scale without stating any valid reason.
The petitioners prayed for issue appropriate writ/order or directions to state respondents to allow the teaching staff of deficit grant-in-aid colleges all the allowances and also reimburse the allowances which were recovered from the salary of such teaching staff.
The senior counsel on behalf of the petitioners (Meghalaya College Teachers Association & Another) had submitted that the petitioners are aggrieved by the unilateral decision of the Government of Meghalaya to stop payment of certain allowances all along being paid to the teachers of deficit grant-in-aid colleges.
Before withdrawing the allowances, the teachers were not given any notice, the counsel said.
He also submitted that all along the teachers were never discriminated against in the matter of those allowances irrespective of drawing the UGC scale of pay and they were all along paid the allowances on a par with state government employees but things changed with the issuance of a notification on December 20, 1999 by the Education Department.
In reply, Advocate General representing the state submitted that the petitioners could not approach the court as there was delay.
He further submitted that since the teachers are getting UGC pay scale, they are not entitled for State allowances as prayed in the writ petition.
After considering all notifications and government orders, Court found that “it appears further to court that instead of thinking about the social security of the teachers and other benefits, they (Government) are just taking an adverse decision always which cannot be allowed and is unacceptable by law”.
“Therefore, we are compelled to set aside letter No. CE/MCTA/1/98/123, dated August 6, 2002, issued by the Joint Director of Higher and Technical Education, Meghalaya, Shillong. Accordingly, Annexure-10 to the writ petition is hereby set aside,” the order said.
The court also said from the observations of the Supreme Court it is also clear that once the allowances and other benefits and facilities are allowed to teachers or any other employee, it cannot be withdrawn or reduced and therefore, the question of recovery which was adopted by the Government goes against the principle of natural justice of law.
“We hereby direct the State respondents to return the recovered allowances which were paid earlier to the teachers and also to restore all the said allowances as enjoyed by the government college teachers from the date since it was stopped. We further also direct the State Government to give their increment and other benefits as and when it is due,” the order said while further directing that the whole exercise is to be completed within 45days from the date of the order.
