Hon’ble Vivek Chaudhary, J.—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 4.9.2000 (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. 1.4.2005) 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.

4. The controversy involves two sets of rules. First being the Pension and Provident Fund Rules and other being appointment and service rules, applicable on the assistant teachers of the Board run Basic Schools, from time to time. Lets first go through the applicability of pension rules.

5. In Uttar Pradesh, for the purpose of the employees of the Board, a separate Provident Fund Rules, namely, U.P. Basic Education Provident Fund Rules, 1975 were notified. The said rules were framed in exercise of power under Section 19(1) of the U.P. Basic Education Act, 1972 (hereinafter Basic Education Act). The said Rules were applicable to every employee, who was either appointed by the Board or was transferred to the Board, as per the provisions of the Basic Education Act. On 8.3.1978, a Government Order was issued, whereby, a long pending demand of basic education teachers, for payment of pension at par with the state Government employees, was considered and accepted. The said Government order dated 8.3.1978 (hereinafter GO of 1978) modified/replaced the old contributory provident fund scheme applicable, by the General Provident Fund Scheme as was applicable on the state Government employees. It provided that all basic education teachers appointed by the Board, who retired on 1.3.1977 or would be retiring thereafter, shall be paid pension at the same rate on which the Government school teachers, at par with them, were being paid and its computation was also to be done in the same manner as done with regard to the Government employees. The said GO of 1978 provided an option, to the basic school teachers appointed prior to 1.3.1977, to opt for the new scheme. While teachers appointed after 1.3.1977 by the Board were not required to give any option and the General Provident Fund scheme was made applicable on them. For convenience the said Government Order is being quoted below:

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