- (1.) S. R. Singh, J. The vexed questions surfacing up for consideration by the Court in this writ petition are : (i) whether the option for retirement at the age of 58 years and for consequential benefit of death-c urn-retirement gratuity under the G. O. dated August 10, 1978, read with G. O. dated 29-8-1981, exercised by a teacher serving in State Aided Higher Secondary School, managed by a Private Management, entails its acceptance by the Regional Deputy Director of Education as a condition precedent for attaining finality and irrevocability and/or (ii) whether the option exe raised by a teacher for superannuation at the age of 58 years and for consequential benefit of death-cum-retirement gratuity in addition to such pensionary benefits as are available to a teacher retiring at the age of 60 years-the age of superannuation prescrib ed under Regulation 21 of Chapter III of the Regulations made under the U. P. Intermediate Education Act-can be recanted at any time prior to being accepted by the competent authority ?
(2.) PETITIONER entered into service as Asstt. Teacher in L. T. grade on 17-10-1970 in S. R. M. Inter College Pilibhit-a recognised and State Aided Secondary Institution controlled by Private Management in accordance with the scheme of Administration approved under Section 16-A of the U, P. Inter mediate Education Act, 1921. He was later on promoted to the post of Lecturer in English. At the time of his entry into service, the petitioner was governed by Triple-Benefit-Scheme for post-retiral benefits. It may be observed that prior to the introduction of Triple Benefit Scheme, vide Government Order Shiksha (Ka) Vibhag No. A 5355/xv/3133-1962, Lucknow dated 17th December, 1965, the employees serving in State Aided Educational Institutions controlled by Private Managements, were enjoying the benefits of the Contributory Fund only. But on the basis of the recommendations of the Secondary Education Commission appointed by the Government of India under the Chairmanship of Dr. A. L. Mudaliar, the State Government introduced, w. e. f. 1-10-1964, a scheme known as Triple Benefit Scheme with a view to relieving the employees, serving in the State Aided Non-Government Educational Institutions, of the solicitude after retirement. The Triple Benefit Scheme comprised- (i) the Contributory Provident Fund ; (ii) Compulsory Life Insurance, and (iii) Pension including family pension and was made available to employees serving in the State Aided Primary Schools, Junior High Schools, Higher Secondary Schools, Degree Colleges and. Training Colleges run either by the Local Bodies or Private Managements excepting the inferior staff of these Institutions and the Ministerial Staff of the Institutions maintained by the Local Bodies. The Regional Deputy Director of Education (in case of Higher Secondary Schools) was vested with the power to sanction pension/family pension and a duty is cast on the Regional Deputy Director of Education under the G. O. aforestated to ensure that all the relevant papers have been properly verified before pension is finally sanctioned under the Uttar Pradesh State Aided Educational Institution Employees Contributory Provident Fund Insurance Pension Rules, 1964 enforced on 1-10-1964. It may be stated that the pensionary benefits under the said rule were not at par with those admissible to teachers in Government Colleges.
(3.) TEACHERS serving in State Aided Non-Government Educational Insti tutions run by the Private Managements were however, agitating for grant of better pensionary benefits at par with their counter- parts in Government Colleges and in consideration of their demand, the State Government issued Government Order No. 5310/15-8-3004 (2)/1924 Shiksha (8) Anubhag Lucknow dated March 31, 1978 thereby providing that permanent whole time teachers in State Aided Secondary Educational Institutions run by the Private Manage ments and Local Bodies retiring on or after 1-3-1977, would be entitled to get pension calculated at the same time and in the same manner as admissible to their counter-parts employed in Government Colleges in the equal rank and grade. This benefit was, however, extended subject to the conditions, inter alia, that benefit of death-cum-retirement gratuity of family pension to depen dants of a teacher after his death available to teachers in Government Colleges would not be available and the Contributory Provident Fund Scheme in relation to such teachers would be supplanted by General Provident Fund Scheme with effect from March 1,1977. The Triple Benefit and Contributory Provident Fund Schemes were deemed to be amended accordingly in respect of such teachers. The benefit aforesaid was later on extended, vide G. O. No. 750/15-8-3051/1977-Shiksha (8) Anubhag, Lucknow dated 28-7-1978, also to teachers who had retired between 30-6-1974 and 28-2-1977 (both dates inclusive ). This parity as to the rate of pension as also the manner of its computation was how ever, open only to such teachers as could opt for the same within 690 days of the G. O. dated 28-7- 1978 subject, of course, to fulfilment of other conditions postulated by paras 2 and 3 of the G. O. afore- stated, which are quoted below: @hindi;