Meghalaya High Court.
Meghalaya High Court. Image Credit - Legal Service India

The Meghalaya High Court has directed the State Government to correct the Contributory Provident Fund with retrospective effect within three months meant for college teachers.

This judgment was passed on Thursday by the division bench comprising Chief Justice Mohammad Yaqoob Mir, and Justice SR Sen while disposing of writ petitions filed by the Meghalaya College Teachers Association (MTCA).

The State Government was also asked to comply with various directions in letter and spirit within three months.

“In case the government fails to correct the Contributory Provident Fund and other directions, they will have to pay the pension to government deficit/ad hoc/aided college teachers and staff as per pension rule applicable to government college teachers and staff,” the court order said.

The bench has also asked the Meghalaya Government to comply with the various directions in letter and spirit within three months.

The Government has been directed to correct the Contributory Provident Fund immediately with retrospective effect as per the Contributory Provident Fund Rules (India), 1962 and the Assam Deficit College Employees (Pension) Rules, 1998.

According to the bench, teachers who joined service on or after 01-04-2010 can be given the benefits of the New Defined Contributory Pension Scheme with effect from 01-04-2010 instead of 01-04-2018.

It also maintained that the benefits of the Assam Non-Government (Deficit) College Central Pension and Provident Fund Act, 1997 and the Assam Deficit College Employees (Pension) Rules, 1998 be given to teachers who retired/joined prior to 01-04-2010 as well as those who are still serving and also those who retire after 2010 till 2018 and in future, with retrospective effect.

Directing the Government to frame rules for all pensioner benefits including family pension for retired teachers and those who have expired as per the Assam Acts & Rules, the bench also asked the Government also to take immediate step to clear the monthly salary of the teachers who are not getting their salary for months together.

The government was also asked to make rules that none of the teachers should lose even a single paise of the benefits and that should be applicable to all teachers those who have joined/retired from the time of statehood.

It should also pay the contributions supposed to be paid from the time of inception of statehood to the teachers serving, retired or expired.

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