In a significant judgment, the Calcutta High Court has ruled that the service period of an employee at NTPC High School, Malda, which is recognized by the West Bengal Board of Secondary Education, must be considered when calculating pensionary benefits.
Background of the Case
The petitioner served as an Assistant Teacher at NTPC High School, Malda, from April 7, 1993, to July 4, 2002. Subsequently, he joined Dr. Sudhakrishna Junior High School in Birbhum and later became the Headmaster of Kedarpur B.N. High School in Birbhum. He retired on January 31, 2024. During the processing of his pension, the District Inspector of Schools (S.E.), Birbhum, observed on January 29, 2024, that NTPC High School was financed by the National Thermal Power Corporation Limited (NTPC) and not by the Government of West Bengal. Consequently, it was suggested that the petitioner's service at NTPC High School should be treated as unqualified and excluded from the pension calculation.
Petitioner's Argument
Challenging this observation, the petitioner presented an approval memo dated February 16, 1995, issued by the Secretary of the West Bengal Board of Secondary Education. This memo approved his service as an Assistant Teacher, along with other teaching and non-teaching staff at NTPC High School. The petitioner contended that this approval should be considered when determining his eligibility for retiral benefits, emphasizing that the school's recognition by the Board was a crucial factor.
Respondent's Counterargument
The state authorities argued that during the petitioner's tenure, NTPC High School was a recognized unaided institution, partially financed by NTPC Limited. They maintained that since the school was not funded by the Government of West Bengal, the petitioner's service there should not be counted towards pensionary benefits.
Court's Analysis and Judgment
Justice Saugata Bhattacharyya, presiding over the case, noted that although NTPC High School was not a government-aided institution, it was a recognized school. The petitioner's service from April 7, 1993, to July 4, 2002, had been approved by the Secretary of the West Bengal Board of Secondary Education, an appropriate authority. The court emphasized that this approval was significant and should be considered when determining the petitioner's pension eligibility.
The court referenced the case of Md. Mofiur Rahman v. State of West Bengal & Ors., where a Division Bench held that an employee's service in NTPC High School should be considered for benefits under the Revision of Pay and Allowance Rules (ROPA) 1998. In that instance, the state authorities were directed to grant benefits under ROPA 1998, taking into account the employee's past service.
Drawing parallels, the court concluded that the petitioner's service at NTPC High School, despite the school's unaided status, should be included in the calculation of his pensionary benefits. The court directed the state authorities to process the petitioner's pension, considering his tenure at NTPC High School as qualifying service.
Implications of the Judgment
This ruling underscores the importance of recognizing service in institutions approved by the West Bengal Board of Secondary Education, even if they are unaided or privately funded. It sets a precedent that such service periods should be considered when calculating pensionary and other retiral benefits. The judgment also highlights the significance of approval memos from educational boards in determining service recognition for pension purposes.
Conclusion
The Calcutta High Court's decision affirms that service in recognized unaided institutions, like NTPC High School, should not be disregarded when calculating pensionary benefits. This judgment provides clarity for employees who have served in similar capacities, ensuring that their contributions are acknowledged and rewarded appropriately upon retirement.
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