The Orissa High Court has strongly reprimanded the state government for its failure to submit the report of a high power committee established to examine pension benefits for employees of aided educational institutions. The court warned that punitive measures could be taken if any lapses were found on the part of committee members.
Court's Directive
A division bench comprising Justice Krishna S. Dixit and Justice Chittaranjan Dash directed the state to present the progress made by the committee, which is headed by a retired chief secretary, by May 21. Additionally, the bench ordered the disclosure of the names of all committee members.
Background of the Case
The bench was hearing a writ appeal filed by the state government against a January 12, 2024 order of a single judge. That order had ruled that teaching and non-teaching employees of non-government aided educational institutions receiving grants under the Grant-in-Aid Orders from 2004 onwards are entitled to pension and other retiral benefits.
During the hearing, state counsel S B Mohanty requested an adjournment until after the court's summer vacation. However, Advocate Purushottam Chuli, representing several employees, strongly opposed this plea, reminding the court that it had previously stated no further adjournments would be granted.
Previous Proceedings
In its February 17 order, the bench had recorded the submission of Advocate General Pitambar Acharya that the state had constituted a high power committee to examine employee grievances and sought two months to complete the exercise. Accepting this request, the court observed that the state appeared inclined to safeguard employee interests by devising a viable solution and posted the matter after eight weeks, cautioning that no further adjournment would be allowed.
On May 14, however, the bench reluctantly granted time until May 21. The judges emphasized that the committee's work status must be disclosed on the next hearing date and warned that action could be initiated if any dereliction was found. “At the same time, the names of Committee Members should be disclosed to the Court, so that it can take some punitive action, if there is any lapse on them,” the bench stated.
Significance of the Dispute
The dispute is significant as it concerns teaching and non-teaching employees in non-government aided educational institutions, including colleges, high schools, senior basic schools, Middle English (ME) schools, Sanskrit tolls, and junior basic schools.
Initially, these employees had approached the high court after their claim for pension and other pensionary benefits under the Odisha Aided Educational Institutions’ Employees’ Retirement Benefit Rules, 1981 were rejected. The state government argued that only employees under the Direct Payment System were entitled to benefits under Rule 3 of the 1981 Rules.
However, on January 12, 2024, the Single Judge directed the state government to extend pension and other pensionary benefits as per Rule 3 of the 1981 Rules to the petitioners within three months. The state government subsequently filed a writ appeal against this order.
About the Author
Lalmohan Patnaik is a seasoned journalist based in Cuttack, with over three decades of experience, primarily as a correspondent for many prominent English dailies. He covers mainly legal issues.
