The petitioner is a registered body of the retired teachers and non-teaching staff of the Non-Government school. 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 20.9.67 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 6.1/4% of basic pay and pension equal to 1/120th of the average pay of the last 3 years employees’ pay (including Special pay, if any) for every completed year of service upto 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.

3. 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 Governme