ASSAM MADHYAMIK SIKSHAK ARU KARMACHARI SANSTHA, NAGAON versus THE STATE OF ASSAM AND ORS.

Citation: [1996] SUPP. 2 S.C.R. 116 · Decided: 30-04-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Dismissed

Judgment (excerpt)

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B 
ASSAM MADHYAMIK SIKSHAK ARU 
KARMACHARI SANSTHA, NAGAON 
v. 
THE STATE OF ASSAM AND ORS. 
APRIL 30, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
SelVice law : 
C 
Assam Secondary Education (Provincialisation) Act, 1977: 
Section 4-Teachers working in aided institutions taken over by 
Government-Recognised to be the existing employees with reference to the 
appointed dar1hose who opt to retire on attaining the age of 58 years 
entitled to pension-Those who opt to continue till the completion of 60 years 
D entitled to CPF-ln the absence of Rules no option given to teachers and they 
continued in se1Vice till completion of 60 years-Teachers who remained in 
se1Vice after the appointed day and were yet to complete the age of 60 
years-Government treating them as entitled to pension-Held, those who 
continued till 60 years and withdrawn their CPF should redeposit the same 
E to the credit of the Government-On such deposit being made State directed 
to treat them on par with those teachers entitled to pension as per the draft 
Rules now mad,,_ They should be treated as if they were Government teachers 
on the appointed day-Entitled to pensionary and other benefits admissible 
to them. 
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8854 of 
1996. 
From the Judgment and Order dated 27.9.94 of the Assam High 
Court in W.A. No. 90 of 1994. 
P.K. Goswami, Rajiv Mehta, C.K. Sasi and Kailash Vasdev for the 
Appellant. 
S.N. Chaudhri and S.A. Syed for the Respondents. 
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The following Order of the Court was delivered : 
116 
ASSAM MADHYAMIKSIKSHAK ARU KARMA CHARI SANSIHA v. STATE 117 
We have heard learned counsel on both sides. 
Leave granted. 
This appeal by special leave arises from the order dated September 
27, 1994 made in W.A. No. 90/94. As regards the validity of Section 4(3) 
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of the Assam Secondary Education (Provincialisation) Act, 1977 (Assam B 
Act No. XIX of 1977) (for short, the 'Act') which deals with teachers 
working in the aided institutions taken over by the Government under the 
State Act with effect from the appointed day who were recognised to be 
the existing employees with reference to the appointed day. Sub-section (3) 
of Section 4 envisages that notwithstanding anything in the preceding C 
section, all employees other then Grade IV employees of a Secondary 
School coming within the purview of the Act, shall retire on superannuation 
of 58 years. Grade V employees on attaining the age of 60 years, shall get 
superannuated. But such of those teachers who intend to continue on 
service beyond 58 years, are required to exercise their option either to the 
Pension Scheme or to the payment of C.P.F. Scheme. Such of the teachers D 
who opt to retire on attaining the age of 58 years, shall be entitled to the 
payment of pension and those who opt lo continue till the completion of 
60 years, are entitled to the C.P.F. The discrimination is discrirninably 
based on policy. No fault can be found in this behalf. Teachers of the 
Provincialised Secondary Schools who had not exercised their option for 
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either of the scheme, were deemed to have not exercised their option for 
the latter scheme and are required to retire on attaining the age of 58 years. 
It is the case of the appellant-Association of teachers that since Rules 
have not been made, no option has been given to the teachers and they 
remained in service till completion of 60 years. In the case of teachers who F 
had remained in service after the appointed day and were yet to complete 
the age of 60 years, the State Government itself has resolved to treat them 
as Government teachers entitled to pension on attaining the age of 58 years 
but the salary paid to such teachers would not be recovered from them. 
In view of the above resolution, it is contended by Mr. P.K. Goswami, G 
learned senior counsel appearing for the Association, that the same benefit 
may be given to the teachers who continued as teachers on appointed day, 
namely, October 1,1977 and those who remained in service till attaining 60 
years be treated as Government employees entitled to the benefit of the 
pension. The admitted position is that they had already withdrawn their H 
118 
SUPREME COURT REPORTS [1996] SUPP.2S.C.R. 
A C.P.F. which was due to them after their attaining the age of 60 years. Such 
of the teachers who had withdrawn the C.P.F. should re-deposit the same 
to the credit of the government. On such deposit being made, the Stale is 
directed to treat 

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