A Samprasarak may withdraw the parity option and continue service until age 65 without para-teacher benefits.

The petitioner was engaged as a Samprasarak in different Madhyamik Siksha Kendras (MSKs) under successive one-year agreements, which were renewed from time to time.

A Government notification dated May 2, 2008 enhanced the upper age limit for continuing as a Samprasarak/Samprasarika from 60 to 65 years.

Subsequently, by notification dated December 18, 2019, administrative control over Sishu Siksha Kendras and Madhyamik Siksha Kendras was transferred to the School Education Department.

Samprasaraks/Samprasarikas who were below 60 years as on April 1, 2020 were permitted to exercise an option to be treated at par with para-teachers and receive similar benefits.

The petitioner exercised the option but claimed that he was not granted the benefits allegedly available to para-teachers, including Employees’ Provident Fund benefits.

He therefore sought reversion to his earlier status as Samprasarak and permission to continue until attaining 65 years.

By the time of hearing, he had already retired on attaining 60 years.

The Mission Director stated that the authorities had no objection to his continuation up to 65 years, provided he surrendered any present or future benefits available to persons treated at par with para-teachers, including the terminal benefit of Rs. 3,00,000.

The respondent no. 3 was deleted from the array because the petitioner claimed no relief against it.

1. Whether the petitioner could withdraw or cancel the option exercised under the notification dated December 18, 2019 and be reverted to his former status as Samprasarak

2. Whether, upon such reversion, the petitioner was entitled to resume and continue his service as Samprasarak until attaining the age of 65 years

3. Whether the petitioner could claim benefits admissible to para-teachers after being reverted to the status of Samprasarak

The Court applied the terms of the Government notification dated May 2, 2008, which enhanced the age limit for continuation as Samprasarak/Samprasarika to 65 years.

It also considered the notification dated December 18, 2019, under which eligible Samprasaraks/Samprasarikas could opt to be treated at par with para-teachers and receive similar benefits on similar terms and conditions.

The Court further relied on the respondents’ stated position, reflected in the memo dated March 1, 2023, that continuation up to 65 years could be permitted if the petitioner relinquished any benefits available to para-teachers, including the terminal benefit of Rs. 3,00,000.

No statutory provision or judicial precedent was cited or applied.

The Court considered that the petitioner’s exercise of the option had not resulted in the additional benefits he claimed, while the respondents themselves had no objection to his restoration to the earlier status and continuation up to 65 years, subject to waiver of para-teacher benefits.

Applying the 2008 notification’s age limit and the respondents’ conditional consent, the Court directed that the petitioner’s option be treated as cancelled or withdrawn and that he be reverted to the status of Samprasarak.

Since continuation as Samprasarak was permissible up to 65 years, and the petitioner’s service was directed to be treated as continuing, the Court ordered that he be permitted to rejoin and resume service notwithstanding his intervening retirement at 60 years.

The corresponding limitation was that he could not claim benefits available to para-teachers.

He was permitted to rejoin and continue his service as Samprasarak until attaining 65 years, with his service treated as continuing.

He was expressly barred from claiming benefits admissible to para-teachers, including any present or future benefits attached to that status.

The writ petition was disposed of without costs.