SC Quashes Meghalaya HC’s Order; Over Framing Rules For Extending Pension Benefits To Retired Teachers 

Posted in Featured, Meghalaya, Northeast


  • NET Web Desk

The Supreme Court (SC) has quashed a series of directives issued by the Meghalaya High Court (HC) in 2018 to the state government, directing the administration to establish guidelines for extending pension benefits to retired teachers and those who have passed away in accordance with the Assam Act, 1969.

The apex court also overturned another order that instructed the government to take immediate action to pay teachers who had been paid irregularly for several months.

In addition, the top court set aside another directive, requiring the government to frame regulations stating that no teacher should lose even one rupee in benefits and that the guidelines should apply to all teachers who joined or retired after the statehood in 1972.

It has also set aside the directives, where the government was asked to pay the contribution which retired or serving teachers are supposed to pay from the time of Meghalaya’s inception.

The high court’s orders to not deduct taxes from teachers’ contributions, and instructing the government to give directions to all colleges in this regard were both overturned by the apex court. Any taxes withheld from teachers’ contributions to the Provident Fund must be returned to them right away; the court further added.

The state government filed the petition after feeling betrayed and unsatisfied with the contested decision and order made by the High Court of Meghalaya in Writ Petition (C) Nos. 281 of 2017 and 360 of 2017, which were filed in 2017.

“From the impugned judgment and order passed by the HC, while issuing some of the directions, it appears that the HC has gone beyond the pleadings in the main writ petitions and/or even the reliefs prayed for/sought in the main writ petitions. Even otherwise, some of the directions which are impugned are unsustainable and could not have been issued by the HC, in exercise of powers under Article 226 of the Constitution of India,” the Supreme Court noted.

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