BHIMASEN PRUSTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners except petitioner Nos. 3 and 6 are non -Government Primary School teachers who were retired prior to 1 -9 -1988 are before this Court seeking protection of safeguarding the rights of their survivors after their deaths to family pension as has been made allowable to such teachers who retired after 1 -9 -1988 or would so retire. Family pension is payable under Chapter VIII of the Orissa Pension Rules, 1977. The provisions were made applicable to the non - Government fully aided primary school teachers by amendment of the Orissa Aided Educational Institutions (Non -Government Fully Aided Primary School Teachers) Retirement Benefit (Amendment) Rules, 1989 providing that an employee shall be eligible for pension, gratuity or death -o/n -retirement gratuity at the rate admissible to his counterpart in the State Government service and in the event of his death, his family shall be eligible for family pension as admissible to the family of his counterpart in the State Government service. The amendment was stated to be made effective from 19 1988. As a consequence, the petitioners submit, it is only families of those teachers whose retirement comes after 1 -9 -1988 that would become entitled to family pension in accordance with the Orissa Pension Rules but the families of those teachers who ware retired prior to that date are not so eligible.

(2.) IT is submitted by the learned counsel for the petitioners that such artificial cut -off date has no rational basis and is a blatant discrimination. Notice having been issued, counter affidavit has been filed by the State justifying the cut -off date as 1 -9 -1988 on the ground that on the grievance made by the representatives of the Teachers' Association, the Hon'ble Chief Minister of Orissa declared on 30 -9 -1988 before the representatives that the teachers of the aided educational institutions shall be entitled to family pension and because of such assurance given, the Rules were amended and were effective from 1 -9 -1988. - -

(3.) IN the result, the writ petition is allowed. The notification No. 50413 dated 5 -12 -1389 vide Annexure -3 is quashed. There will be no order as to costs. I agree.