A. N. Verma, J. - (1.) his petition was filed on 24-5-1984 with the grievance that the petitioners who are teachers in certain non - Government aided institutions were illegally deprived of the benefit of new Pension Scheme introduced under the Government Order, dated 31-3-1978. The contention was that for certain reasons beyond the control of the petitioners, they could not exercise their option contemplated under the new Pension Scheme within the time stipulated thereunder. Consequently the respondents treated the petitioners as governed by the old scheme, which according to the petitioners, was clearly illegal and unjustified.
(2.) It is unnecessary to set out the facts in detail with regard to the past history as we find that on 12th October, 1984 the Government had issued another order, a true copy whereof is annexed as Annexure-RA - 3 to the petition, which in substance affords to the teachers yet another opportunity to exercise their option for being governed by the new Pension Scheme introduced on 31-3-1978, if for some reasons they could not exercise their option within the time stipulated thereunder. The petitioners have in the rejoinder affidavit categorically asserted that pursuant to the Government order, dated 12th October, 1984, they reiterated their option by means of a letter addressed to the Deputy Director of Education, Meerut. In this communication the petitioners categorically stated that the petitioners be given the benefit of the Government Order, dated 12th October, 1984 and be admitted to the new Pension Scheme.
(3.) The question whether the petitioners exorcised their option within the period specified in the Government Order, dated 31-3-1978 and the further question whether if the option was exercised after 31-12-1978, the petitioners could be legally deprived of the new Pension Scheme, has now become one of academic importance because of the Government Order, dated 12th October, 1984, which virtually gives yet another opportunity to the teachers to exercise their option to be governed by the new pension scheme, if for some reason they could not exercise the option earlier.;