- (1.) The appellant - association through its Secretary is representing the cause of Teachers of recognized Senior Basic Schools (Junior High Schools) privately managed and aided by the State Government for setting aside the judgment of the learned single Judge dated 4.1.2013 dismissing the writ petition of the appellant wherein the appellant had made a prayer for quashing of the Government Orders dated 1.4.2015 and 8.4.2009 whereby the State Government, launching the new pension scheme, had made it applicable to the employees of all schools that came under grant-in-aid after 1.4.2005 and as a consequence thereof denied the benefit of the applicability of the previous scheme and its savings to such teachers, who, even though had been appointed and confirmed prior to 1.4.2005, were not teachers in Schools that were receiving grant-in-aid on the said date. The teachers of such institutions, which were brought under the grant-in-aid after 1.4.2005 even though appointed prior to the said date, were not extended any benefit of option of previous services being counted as clarified by the impugned Government Order dated 8.4.2009.
(2.) At the outset it may be put on record that prior to the enforcement of the new pension scheme dated 1.4.2005, the U.P. State Aided Educational Institution Employees Contributory Provident Fund Insurance Pension Rules w.e.f. 1.10.1964 were governing the benefits available to teachers of aided institutions.
(3.) The appellant had challenged the said action as arbitrary and violative of Article 14 of the Constitution of India on the ground that this was being done on account of a policy decision taken by the State Government and promulgation of the new pension scheme notified on 28.3.2005 effective from 1.4.2005 for which necessary amendments were also made in the General Provident Funds (Uttar Pradesh Amendment) Rules, 2005. This brought about the creation of two classes of recipients under the new scheme even through they were appointed regular teachers prior to 1.4.2005, the only difference being that one, who were appointed in an aided institution and the other whose cause is being espoused were appointed in an institution that come under aid after 1.4.2005.;