Service In DA-Getting School Should Be Counted For Pension If It Was Considered For Appointment In Government-Aided Institution: Calcutta HC

Background Facts

The employee was appointed as an assistant teacher in a DA-getting school, with effect from 28th July, 1993 and during this period he received government DA. Later he participated in a selection process conducted by the West Bengal Central School Service Commission for appointment to the post of Head Master. He was appointed to the post of Head Master in recognized and government aided institution after his service rendered in the first school was taken into consideration.

He retired from service on December 31, 2024. However, the state authorities refused to release his full pension and retiral benefits, excluding the period of his service in the previous DA-getting school. Aggrieved by this, he filed a writ petition before a Single Judge. The Single Judge ruled in his favor, directing the state to consider his entire service period for pension calculation. Challenging this order, the State of West Bengal filed the appeal.

It was argued by the State that the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1985 does not apply to teachers in DA-getting schools. Therefore, the period of service rendered by the employee in such a school could not be counted towards his qualifying service for pension.

On the other hand, it was argued by the employee-teacher that the State authorities, at the time of his appointment as Headmaster, had approved his prior service in the DA-getting school and counted it towards fulfilling the 10-year eligibility criteria. Now that the State cannot take a contradictory stand at the time of his retirement and contend that the same period of service cannot be counted for calculating his pension.

Relying upon a memo dated 20th May 1988, issued by the competent authority, he stated that service rendered by teaching or non-teaching in an unaided school should be computed towards pensionable service.

Findings of the Court

It was observed by the court that the Single Judge had correctly rejected the State's argument. The State had claimed that the years a teacher spent working in a DA-getting school could not be counted while calculating pension benefits. However, this period of service was already considered when the teacher was recommended and appointed as Headmaster, a post that required at least ten years of experience in a government-recognized institution.

Further no merit was found in State's argument that the pension scheme did not apply to DA-getting institutions. It was held by the court that the retired teacher had served in a recognized aided school, and his appointment to that school was made only after considering his earlier service in the DA-getting institution.

Hence, the Single Judge's decision was upheld by the Division Bench. Consequently, the appeal filed by the State was dismissed by the Division Bench.

Case Name : The State of West Bengal & Ors. vs. Radhe Shyam Tripathi & Ors.

Case No. : MAT 916 of 2025

Counsel for the Appellants : Suman Dey, Soumik Dey

Counsel for the Respondents : Himadri Barua, Biswajit Das