ANNEXURE (34) [Vide Rule 70] Pension scheme for the employees in the non-government Secondary schools- SS CODE

 

ANNEXURE (34)

[Vide Rule 70]

Pension scheme for the employees in the non-government

Secondary schools

 

I. Government  directs that the pension, gratuity and other retirement benefits admissible to the Maharashtra state government servants under the revised pension rules, 1950 contained in Appendix XIV-C of Bombay civil services rules, volume II, as amended from time to time, the family pension scheme sanctioned in government resolution, finance department, No. PBN-1464-3-64-X, dated the 8^th May 1964 as amended from time to time should be made applicable to the full-time teaching staff in recognized and aided non-government secondary schools in the state who retires on or after 1^st April 1966.

 

II. For the purposes of this scheme-

(a) a non-government secondary school includes an Indian English Middle School, a middle school declared as a secondary school, a multipurpose higher secondary school or a higher secondary school managed by a private body, and recognized by the competent authority as such for the purpose Zilla Parishads or other local bodies shall thus stand excluded from the purview of this scheme.

 

(b) For the purpose of pensionable pay, pay means and includes,-

 

(i) Pay in the prescribed scale of pay;

(ii) Personal pay granted to a teacher to save him from a loss in pay due to revision of pay scales;

(iii) Additional pay for additional academic and professional qualifications admissible under the orders issued by government from time to time;

(iv) Alternative allowance drawn in the post of a headmaster in lieu of the headmaster’s scale;

(v) Supervisor’s allowance drawn by supervisors appointed under rule 63 of the secondary schools code.

 

Note. – If a teacher has, during the last three years of his service, been absent from duty on leave with allowance, his pay for that period should be taken at what it would have been, had he been on duty at any time during the first six months of the period of leave:

 

Provided that the benefit of higher officiating or temporary pay should be given only of it is certified that the teacher concerned would have continued to hold that higher officiating or temporary appointment but for his proceeding on leave.

 

(c) A “Teacher” means a full-time teacher and includes a headmaster/ headmistress and a full-time teacher and includes working in a non-government secondary school.

(d) “Post training service” means the services rendered by a teacher after having obtained any professional qualification (viz. B.Ed., Dip. Ed., etc. or other equivalent qualification) recognized by the department as a training qualification and in the case of deemed trained teachers, the service rendered with effect from the date on which he is treated as deemed trained.

 

2. The regional deputy director of technical education in the case of technical high schools shall be the competent authority to sanction pension, gratuity, family pension and other retirement benefits admissible under the scheme.

 

3. (i) The teachers who were in service in non-government secondary schools 31^st March 1966 and the teachers who were due to superannuate before 1^st April 1966 but who were granted extension in service with the previous approval of the education officer concerned, for an period beyond 1^st Aril 1966 and were eligible for the contributory provident fund benefits, should be given an option to elect either to continue under the contributory provident fund scheme or to come under this scheme. The teachers who have retired on or after 1^st April 1966 and prior to the date of issue of this resolution should exercise their option on or before 30^th June 1969. The teachers who were in service on 31^st March 1966 but who have not retired on the date of issue of this resolution should exercise their option on or before 30^th June 1969. The option once exercised shall be final. The options should be exercised in writing in the form prescribed (Appendix ‘A’) and communicated to the regional deputy director of education or the regional deputy director of technical education through the education officers concerned. The teachers who do not exercise the option within the stipulated period shall be deemed to have opted for the retention of the benefits admissible to them before 1^st April 1966. Where a teacher has died on any date from option or where a teacher has died without it before the expiry of the date on or before which he had to exercise the option, his family may be given the benefit of these rules or may be allowed the benefits of contributory provident fund whichever is more favorable to them. The pension sanctioning authorities should work out the benefits admissible under both alternatives (i.e. the existing contributory the quantum of contributory provident fund as well as family pension and prepare pension papers accordingly with necessary sanctions.

 

(ii) The teachers who have opted for the pension scheme may be allowed to credit to their provident fund maintained by the private managements their own contribution under the non-contributory provident fund scheme in future. On retirement the amount of contribution made by them together with interest standing to their credit in the provident fund may be paid to them.

 

(iii) The amount of contribution paid by the managements of non-government secondary schools together with interest thereon standing at the credit of the teachers opting for pension scheme on 30^th June 1969 should be credited to the state government under the head of account “XLVIII. Contribution and recoveries towards pension and other retirement benefits”, after the corrections of the amount are verified and certified by the regional deputy director of education or regional deputy director of technical education.

 

4. Teachers recruited on or after 1^st April, 1966 shall automatically be governed by this scheme. Such teachers will not be allowed to opt for the contributory provident fund scheme.

 

5. The age of superannuation for the purpose of these orders will be 58 years in the case of teachers in non-government secondary schools in western Maharashtra and Marathwada regions. In the case of teachers who were in permanent service on 1^st January 1966, in non-government secondary schools in Vidarbha, the age of superannuation will be 60 years and for others it will be 58 years.

 

6. The teachers who have completed more than two years of continuous post-training service will be treated as holding permanent posts substantively for the purpose of this scheme.

 

7. In computing the length of qualifying service for pension under this scheme, all previous service, whether temporary, officiating or permanent, either in one or more than one non-government secondary school, shall be taken into account. Subject to the general condition that the period of each break does not exceed 6 months and the total period of six breaks hereinafter referred to do not exceed two years, breaks in service on account of any of the reasons listed below not exceeding six in number, should not be treated as interruptions entailing forfeiture of past service:

 

(1) Break in service on account of resignation of the teachers from a non-government secondary school; provided it is followed by his taking up service as a teacher in another recognized non-government secondary school and is not intervened by his taking employment in any other capacity. Out of the maximum number of six breaks that can be condoned, not more than three breaks should, however, be on account of such resignations.

 

(2) Termination of service due to no fault of the teacher or on account of the circumstances beyond the control of the teacher. If the services of a teacher have been terminated on disciplinary grounds after following the prescribed procedure, such break in service cannot be condoned and the services rendered by the teacher in the school from which his services are so terminated on disciplinary grounds will not account for pension.

 

8. The teachers who have been taken by the managements on their own supervisor staff should be eligible for the benefits of pension provided such persons were originally appointed as teachers and have put in a minimum service of five years as teachers and are reverted back to their posts of teachers within a period of six months from the date of issue of this resolution. The service rendered by them as supervisors will be counted for pension as a special case. This concession will not be applicable to teachers who will be appointed to the posts of supervisors on or after the date of issue of this resolution. Supervisors appointed under Rule 63 of the secondary schools code will be eligible for pension as in the case of the teachers.

 

9. The salary scales of teachers are unrationalised in the sense that the element of dearness allowance is not merged in these scales. The new scales of pay that will be decided in the light of the state pay commission’s recommendation and brought into force from 1^st April 1966 will be the rationalized scales of pay. In the case of those teachers who do not elect the rationalized scales of pay term ‘Pay’ for the purpose of pension and gratuity will include dearness pay the quantum of which will be calculated in accordance with the orders issued by government from time to time in respect of government servants drawing pay in the unrationalised scales of pay.

 

10. The general provisions of Chapter XI of Bombay civil services rules, volume I, will be applicable in granting retirement benefits to teachers under this scheme, except where otherwise provided.

 

11. The pension papers of the teachers entitled to pension, gratuity, etc. under this scheme should be prepared by the educational inspector, in the case of teachers working in non-government secondary schools in grater Bombay, and by the education officer of the Zilla Parishad concerned, in the case of teachers working in non-government secondary schools in the districts on the basis of the service records maintained by the managements of the schools concerned. The entries in the service books of the teachers will be made and attested by the managements of the schools concerned. Such entries should be verified annually by the education officers of the district concerned or by the educational inspector, greater Bombay, as the case may be, and a certificate of verification recorded in the service books. The educational inspector, greater Bombay or the educational officer, zilla parishad concerned, as the case may be, should forward the pension papers duly completed with his recommendations to the regional deputy director of education or to the deputy director of technical education concerned, who will sanction the pension, gratuity etc., and forward the pension, gratuity etc., so sanctioned will be payable from government treasuries. The pension, gratuity etc., so sanctioned will be payable from government treasuries. The accountant general, Maharashtra I, Bombay or the accountant general, Maharashtra II, Nagput, will pre-audit the claim and issue a pension payment order and/or a gratuity payment order on the treasury from which the pensioner desires to draw pension/gratuity under intimation to the regional deputy director of education or regional deputy director of technical education, as the case may be.

 

III. The grant of anticipatory pension and/or gratuity to such of the teachers as are governed by the scheme will be regulated in accordance with the government resolution, finance department, No. PEN. 1066/33/66-X, dated the 1^st December 1966 and the pension and/or gratuity will be authorized, drawn and remitted or disbursed by the pension sanctioning authorities.

 

(Government Resolution, Education and Social Welfare Department, No. SSN. 3365/G, dated the 4^th November 1968).

 

The pension scheme has also been extended to the full-time non-teaching staff in aided non-government secondary schools.

 

(Vide G.R., E.D., No. SSN. 1369/9980/-G, of 30^th August 1972).

 

The pension scheme has also been extended to employees (teaching as well as non-teaching staff) in aided secondary schools run by Municipal Councils and the Municipals Corporations mutatis mutandis as in the case of non-government aided secondary schools.

(G.R., E. and S.W.D., No. SSN. 1969-G, dated 15^th October 1971 and G.R., E.D. No. PEN-1072/82636-G II, dated 15^th March 1973).

 

(Please also see Annexure 69).