Orissa high court seeks status of high power committee on aided school employees’ pension issue

CUTTACK: The Orissa high court has pulled up the state government over delay in submitting the report of a high power committee constituted to examine pension benefits for employees of aided educational institutions, and warned that punitive action could follow if lapses were found on the part of committee members.

A division bench of Justice Krishna S. Dixit and Justice Chittaranjan Dash directed the state to place on record by May 21 the progress made by the committee headed by a retired chief secretary and also disclose the names of its members.

The bench was hearing a writ appeal filed by the state government against a January 12, 2024 order of a single judge, which 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 sought adjournment of the matter till after the court summer vacation

Advocate Purushottam Chuli representing several of the employees strongly opposed the plea and reminded the court that it had earlier made it clear that no further adjournment would be granted.

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 the grievances of employees and had sought two months’ time to complete the exercise.

Accepting the request then, the court had observed that the state appeared inclined to “safeguard interest of the employees by devising some viable way” and posted the matter after eight weeks while cautioning that no further adjournment would be allowed.

On May 14, however, the bench said it was “very reluctantly” granting time till May 21. The judges further observed that the committee’s work status must be disclosed on the next date of hearing 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 said.

The dispute assumes significance as it concerns teaching and non-teaching employees working 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 moved the high court after their claim to get the benefit of pension and other pensionary benefits under the Odisha Aided Educational Institutions’ Employees’ Retirement Benefit Rules, 1981 were rejected.

The State government took the stand that only those employees who are under “Direct Payment System” are entitled to get the benefit under Rule 3 of the 1981 Rules.

But on January 12, 2024, the Single Judge had directed the state government to extend the benefit of pension and other pensionary benefits as due and admissible in terms of the provisions contained under Rule 3 of 1981 Rules in favour of the Petitioners within a period of three months.

The issue had returned to the high court with the state government filing the writ appeal against it in the same year.