JAI PRAKASH DUBEY Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This petition is at the instance of a retired Assistant Head Master from S.S. High School, Simaria, who on his retirement on 1.4.80 at the age of 62 years, challenges clause (3) of the order of Government of Bihar, dated 2nd March, 81 contained in the notification no. 530, which relates to grant of pension to those non -government High School teachers retiring between 1.1.79 to 1.10.80. Clause (3) of the aforesaid notification reads: -

(2.) Some time in the year 1962, Government introduced a scheme of pension for the teachers rendering service in private schools retiring at the age of 62 years. According to the said scheme, the teachers retiring at the said age were entitled to insurance , provident fund and fixed pension of Rs. 75/ -. On 29.11.78 (annexure -1) while considering the representation of the non -government Secondary school teachers, for payment of similar pension like the teachers of the government schools, government took a decision that in place of triple benefit scheme aforesaid, the teachers of non -government secondary school may be allowed government pension, provided they retire at the age of 58 years instead of 62 years. Teachers giving their option before 31.12.78 to the effect that they would like to retire at the age of 58 and not at the age of 62 shall be entitled to regular government pension. Two years thereafter by an Ordinance no. 146/80, non -government schools were taken over and the retirement age under the ordinance was fixed at 58 years like the teachers in government schools and those teachers who continued beyond 58 years, were made to compulsorily retire. The question immediately arose as to what pension they shall be entitled to, because of compulsory retirement by virtue of take over. It was held by this court in C.W.J.C.no. 2441/80/disposed of on 1.10.80, that they should be deemed to have opted to retire by 31st December 1978 and they shall be entitled to pensionary benefit of the government scheme dated 29.11.78.

(3.) It will, therefore, be seen that (a) non -govt. school teaches who retired from 1.4.78 to 31.12.78 were allowed government pension payable to Govt. teachers (b) teachers who opted to retire at the age of 58 years before 31.12.78 were also given the said benefit and (c) the teachers who did not opt with the hope to continue in service till the age of 62 years but were retired compulsorily on 17th November, 1980, the date of take over, were allowed government pension admissible to teachers of Govt. school.