SHILLONG, OCT 12: Education Minister Lahkmen Rymbui today said that the state government will study the Court’s judgement which directed the state to provide pension benefits to adhoc and deficit school and college teachers in the state.
“We would study the ruling of the High Court in detail and discuss on how to go about (implementing the directions),” Rymbui said on Friday.
Asked, Rymbui said the state government cannot be free from problems but it has to work it out to solve the problems.
In its judgement passed on Thursday, the Meghalaya High Court had asked the state government to make rules for extending pension and other benefits to the government aided/adhoc and deficit school and college teachers in the state.
“I further make it clear and direct that the government should make Rules for family pension of the incumbent. They should be given the pension as was given to government school and college teachers as per the Government Pension Rules,” Justice SR Sen said in his judgement.
The writ petition, which was filed by the Greater Phulbari Area Deficit School, was also disposed of with a direction that the state government should ensure the Fifth Pay Commission recommendation is followed in letter and spirit.
The government was also directed to take note that the observations as well as the directions made in the judgment are mandatory and must be followed strictly and the same is to be complied within three months.
“We must remember teachers are the backbone of the society and it is through their contribution, dedication and hard work which has moulded us to become what we are today; be it a Judge, a Minister, a Lawyer, a Doctor or an IAS Officer etc., and that, we can never forget.”
With the New Pension Scheme came into effect from April 1, 2010, the single bench said that if it so, Court is in opinion that it will not be applicable in the case of government aided/adhoc and deficit school and college teachers who have retired/joined prior to April 1, 2010.
The judgement also said that the Meghalaya government must think seriously about the upliftment and security of the government aided/adhoc and deficit school and college teachers.
According to the bench, the government cannot just justify that the appointment methods are different between the government school/college teachers and government aided/adhoc and deficit school and college teachers.
“It is not at all acceptable and not sustainable in the eye of law because both the classes of teachers are giving equal service to the society,” it said.
Directing the the government to apply the Fifth Pay Commission recommendation in letter and spirit and should be given in retrospective effect, Justice Sen said, “Further, in addition to the recommendation of the Fifth Pay Commission in my view, government should give more facilities to the 32 government aided/adhoc and deficit school and college teachers than what is recommended in the Fifth Pay Commission.”
By Our Reporter
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