Vivek Chaudhary, J. - (1.) This bunch of writ petitions is filed by petitioners praying for quashing of Government Order dated 15.11.2011 issued by the State Government and for directions commanding opposite parties to treat petitioners covered by the old pension scheme and not to cover them under the new pension scheme introduced in the year 2005.
(2.) The facts of the case are short and simple. Petitioners, being dependents of employees of U.P. Basic Education Board (hereinafter Board) who died in harness, applied for appointment under the dying in harness policy, put in place by the Government Order dated 04.09.2000 (hereinafter GO of 2000). They all were appointed on different dates prior to the year 2005. The said appointments were made on the fixed pay of Rs.2750/- per month. Since appointment as a Assistant Teacher in a Basic School requires a mandatory training of B.T.C., they were immediately sent for training. Petitioners could complete the said training after the year 2005 and, thereafter, they were duly appointed as Assistant Teachers in Basic Schools and are since working as Assistant Teachers on regular pay scale.
(3.) It was in the year 2005 only (more specifically w.e.f. 01.04.2005) that by a notification the General Provident Fund Rules were amended and dispensed with and new defined contribution pension scheme was brought into force and thus the old pension scheme was dispensed with. The dispute is as to whether petitioners would be covered by the old pension scheme or it is the new defined contribution pension scheme which would be applicable on the petitioners.;