No automatic pension for 100% aided school staff: HC

Raipur: A Single Bench presided over by Justice Bibhu Datta Guru dismissed a batch of writ petitions filed by retired principals, lecturers, teachers, and non-teaching staff of aided educational institutions, who sought parity in pension with employees of govt-aided schools. Court categorically observed that a pension is not an automatic or incidental benefit arising out of a grant in aid unless expressly provided under a statutory rule, scheme, or policy decision of the State.The petitioners contended that having discharged duties identical to govt school staff and having received salaries at par under the grant in aid framework, the denial of a pension amounted to hostile discrimination violative of Articles 14 and 21 of the Constitution of India. They argued that decades of service in publicly funded institutions entitled them to post-retirement social security.Opposing the claim, the State Govt submitted that the petitioners were employees of privately managed aided institutions and not govt servants. It was argued that the object of providing 100% grant in aid is confined to ensuring the smooth functioning of institutions and payment of salaries and does not extend to pensionary liabilities. The State further pointed out that no existing statute, rule, or notification provides for a pension to employees of aided schools.The Court cannot direct the legislature to enact a particular law. Accepting the State's submissions, the high court held that the mere fact of full financial aid does not alter the legal character of the employer-employee relationship. The Court further clarified that matters relating to the grant of a pension fall squarely within the domain of policy-making and that the judiciary cannot issue a mandamus directing the legislature or executive to frame a pension scheme.That earlier administrative decisions of the School Education Department, whereby similar demands for a pension were rejected in the year 2009, reiterating the consistent stand of the State.Concluding the matter, HC observed that unless and until the State formulates a specific policy or statutory provision providing pensionary benefits to employees of 100% aided schools, no enforceable legal right can be claimed in that regard. Counsel Nelson Panna appeared for respective respondent schools.