High Court: Private-aided college teachers can’t claim parity with Haryana govt staff

Saurabh Malik

Tribune News Service

Chandigarh, June 15

The High Court has ruled that the teachers of private-aided colleges cannot claim parity with government employees. They do not even enjoy the protection provided to government employees under Article 311 of the Constitution.

The ruling by Justice Anil Kshetarpal came on a petition filed by five associate professors, who retired from “aided sanctioned posts” from non-government aided colleges between January 1, 2006, and June 30, 2006.

They were seeking parity in the method of calculating pension with their colleagues who retired on or after the “cut-off” date of October 12, 2010.

The Bench was told that the petitioners and other similarly situated retirees were entitled to pension in accordance with the 1999 Pension Rules. All identically situated employees, including the petitioners, opting for pension, gave undertakings that pension would be calculated at the rate of 50 per cent of the last 10 months’ average pay.

Pursuant to the Sixth Pay Commission recommendations, Haryana revised the pension scheme for government employees. The counsel added the method of fixing pension on the basis of 50 per cent of the last drawn salary in the revised scheme was applicable only to employees retiring after the issuance of the communication dated October 12, 2010. She submitted that employees such as petitioners could not claim parity with the public servants.

The Judge said the service conditions and the method of recruitment were different. The private-aided college teachers held non-transferrable posts and retirement age was 60. It was 58 for government employees and they were subject to transfer throughout the state.