AJIT KUMAR SENGUPTA, J. - (1.) THE petitioner is a registered body of the retired teachers and non -teaching staff of the Non -Government Schools. The Petitioner No. 2 is the General Secretary of the Petitioner No. 1.
(2.) THE State Government by a Memorandum No. 2156 -Edn(s)I -E -14/67 dated 20th September 1967 framed a Scheme known as 'Recognised Non -Government Secondary Institution Pension Rules'. These Rules apply to permanent employees (both teaching and non -teaching) serving in a recognised Non -Government Secondary Institution participating in the Grant -in -Aid Scheme. These Rules came into force on and from 1st April, 1966. Terminal benefits include Contributory Provident Fund with employers' contribution at the rate of 6 1/2 % of basic pay and pension (including Special Pay, if any) for every completed year of service upto a maximum of 30/120th of the pay. This rate is much below the rate granted to the Government School pensioners being 33/80 of such average pay. According to the petitioners the above Pension Rules contain no provision for: a) Gratuity; b) Family pension, and c) Commutation of pension, which benefits are admissible to the retired Government Employees, whether teachers or not, under the new Pension Rules effective from 1st April. 1981.
(3.) THE State Government in terms of Finance Department's Resolution No. 9716 -E dated 16th November 1977 set up a 2nd Pay Commission to consider and recommend the pay -structure and pensionary benefits of the teaching and non -teaching employees who are then in active service in the different Non -Government Educational Institutions and the said Pay Commission by its report dated 15th October 1980 recommended certain pay -scales, and pensionary benefits for teaching and non -teaching of all recognised Government and Non -Government Institutions in West Bengal. The State Government on the basis of the recommendation of the said Pay Commission by its Memorandum No. 139 -Edn. (B) dated 15th May 1985, inter alia, provided that retirement benefits at the rates prescribed in the West Bengal Recognised Non -Government Educational Institution Employees (Death -Cum -Retirement Benefit) Scheme, 1981 will be admissible to all whose services are approved as teaching and non -teaching employees of the Non Government Institutions who were in active service on or after 1st April 1981. Pensioners who retired from service prior to 1st April 1981 will not get these benefits.;