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Pat HC | Cut-off date for calculating pensionary benefits of a teacher, to be counted from the date of grant of permission for establishment of school

Patna High Court: The Three-Judge Bench of Ashwani Kumar Singh, Birendra Kumar and Anil Kumar Upadhyay, JJ. dismissed a letters patent appeal which came as a reference to this Court in view of conflicting opinions regarding the calculation of cut-off date for counting the service of a teacher for the purposes of pensionary benefits.

The Court observed that the term ‘service condition’ is very wide and includes all the conditions of service before entry till post-retiral benefits. The following notifications/ schemes pertaining to the issue of disbursal of pension were noted by Court:

In view of the above, it was held that that cut-off date for calculating pension shall be as follows: teachers appointed prior to grant of permission to school shall reckon their service from the date of grant of permission for establishment of the institution, and their service would be counted from that date for the benefit of pension.

The LPA was dismissed and all decisions contrary to the view taken in this Judgment were held to be overruled. As a parting observation, the Court noted that the issuance of a plethora of notifications regulating service condition from time to time had led to the conflicting decision of the Benches. Divergence of opinion was also due to ignorance of notifications occupying the field. Thus, the Bench deemed it appropriate for the State Government to frame exhaustive Service Condition Rules instead of issuing multiple notifications, so that conflict in adjudications may be obviated.[State of Bihar v. Asha Sharma, 2019 SCC OnLine Pat 563, Order dated 18-04-2019]

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