Calcutta High Court Upholds Pension Rights for Educator in DA School Case

Service tenure in a DA getting school to be included for pension benefits, rules the bench, dismissing State of West Bengal's appeal.

In a significant judgment, the Calcutta High Court has ruled in favor of Radhe Shyam Tripathi, ensuring that his tenure as a teacher in a Dearness Allowance (DA) getting school is to be considered for pensionary benefits. The Division Bench, comprising Justices Partha Sarathi Chatterjee and Tapabrata Chakraborty, dismissed the appeal by the State of West Bengal against a single judge's earlier decision.

The case revolved around the denial of pension benefits to Mr. Tripathi, who served as an assistant teacher in a DA getting school, Shree Vishuddhanand Saraswati Vidyalaya, from July 28, 1993, before being appointed as a Head Master in the government-aided Baba Sitaram Vidyapith. Despite his service being approved for his Head Master appointment, the state refused to count this period for pension calculations, citing inapplicability of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1985 to DA getting schools.

The court found this stance untenable, observing that Mr. Tripathi's prior service was considered when he was appointed as Head Master, thereby making it inconsistent for the state to exclude it from pension calculations. The bench emphasized that the service rendered in a DA getting school was valid for calculating pension, especially as it was part of the eligibility criteria for his subsequent appointment.

The judgment reaffirmed the principles laid down in a 1988 memorandum, which stated that service in unaided schools should count towards pensionable service. The court's decision underscores the importance of consistency in employment benefits for educators and ensures that service in DA getting schools is not unfairly discounted.

The ruling is a relief for many educators in similar positions, as it establishes a precedent for the inclusion of all relevant teaching service in pension calculations. The appeal and associated applications were dismissed without costs, with the court permitting urgent certified copies of the order.

Bottom Line:

Pensionary benefits of an employee cannot be denied by excluding the service period rendered in a DA getting school, especially when such service was considered at the time of appointment to a government-aided institution.

Statutory provision(s): West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1985

State of West Bengal v. Radhe Shyam Tripathi, (Calcutta)(DB) : Law Finder Doc Id # 2819487