HC wraps up Meghalaya government over Contributory Provident Fund

The Meghalaya High Court has directed the state government to correct the contributory provident fund (CPF) with retrospective effect within 3 months failing which it will have to pay pension to all deficit college teachers in the state as per rules.

A division bench, comprising Chief Justice Mohammad Yaqoob Mir and Justice SR Sen on Thursday asked the state government to comply with the various directions in letter and spirit within three months while disposing of two petitions filed by the Meghalaya College Teachers Association.

In the judgment, the bench said, "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 rules applicable to government college teachers and staffs."

It also maintained that 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 be given to teachers who retired/joined prior to April 1, 2010, to those who are still serving, and also to those who retire after 2010 till 2018 and in future, with retrospective effect.

Government aided or ad-hoc schools and deficit schools and colleges are institutes that receive different types of support from the state government.

Directing the state government to correct the contributory provident fund immediately with retrospective effect as per the 1962 Contributory Provident Fund Rules and the 1998 Assam Deficit College Employees (Pension) Rules, the bench said that those teachers who joined service on or after April 1, 2010, should be given the benefits of the new defined contributory pension scheme with effect from the day of joining instead of April 1, 2018.

The bench also directed the state government to frame rules for all pensioner benefits, including family pension for retired teachers and those who have expired as per the Assam Acts & Rules and to ensure that none of the teachers, right from the time of statehood, lose a paisa of the benefits and that also without any tax cuts.

It also directed the state to immediately clear the monthly salary of the teachers who did not get paid for months altogether.

The 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 court said.

The 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, it said.

"We further make it clear that government should not take the plea of financial constraint to follow the directions above. The management of the fund is totally upon the respondents- government for which teacher class should not suffer," the bench stated in its judgment.

In the petition, the teachers' association had urged the court to direct the state authorities to ensure implementation of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and all other schemes to enable the college teachers of ad-hoc grant-in-aid colleges in the state to reap the benefits of the said beneficial legislation and for implementation of a post-retirement social security scheme.

The teachers informed the court that the state had deprived them of the benefits of any pension schemes and there was no social security scheme upon their superannuation to protect their right to a dignified life.

(With inputs from agencies.)