Hon’ble Surya Prakash Kesarwani, J.—Heard learned counsels for the petitioners and Sri Ajit Kumar Singh, learned additional Advocate General assisted by Sri Mohan Ji Srivastava, learned standing counsel for State-Respondents and Sri Akhilesh Chandra Srivastava, learned counsel for the U.P. Basic Education Board. On behalf of the petitioners, arguments have been advanced by Sri Ashok Khare, learned senior advocate assisted by Sri Siddharth Khare, Sri Anil Tiwari, Sri Anoop Trivedi, Manoj Kumar Singh, Upendra Kumar, Sri Satya Prakash Shukla, Ashotosh Pratap Singh, Sri Surendra Singh, Sanjay Kumar Yadav, Anil Kumar Singh, Alok Kumar Gupta and Sri Santosh Pandey on 26.10.2017, 20.2.2018, 21.2.2018, 22.2.2018, 7.3.2018 and 4.5.2018.

2. Question Involved:

(a) In first set of writ petitions :

“Whether petitioners appointed on compassionate ground as Untrained Assistant Teacher on fixed pay prior to 1.4.2005 and completed Special BTC Course after 1.4.2005 are entitled to the old Pension Scheme and G.P.F.?”

(b) In second set of writ petitions :

“Whether petitioners admitted in Special BTC Course 2004 prior to 1.4.2005 getting monthly stipend of Rs. 2500/- and appointed in December, 2005 after completion of BTC Course, are entitled to the old Pension Scheme and G.P.F.?”

Facts of the Case:

3. This bunch of writ petitions have been nominated to me by order of Hon’ble the Chief Justice dated 15.11.2017, 6.12.2017, 6.2.2018 and 27.3.2018. Accordingly, these writ petitions have been heard together.

4. This bunch of writ petitions involve two sets of writ petitioners. The first set of writ petitioners are those who were appointed on compassionate ground as untrained teachers as fixed salary prior to 1.4.2005 under the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 (In short the Rules of 1974) as per clause 3(3)/(4) of the Government Order No. 5193/15.5.2004-400(222)/99, dated 4.9.2000 (hereinafter referred to as the “G.O. of 2000”) issued under Section 13(1) of the U.P. Basic Education Act, 1972, such untrained teachers were required to complete BTC and on successful completion of BTC, were to be appointed as Assistant Teacher in regular pay scale. The G.O. of 2000 provides that during continuation as untrained Assistant Teacher, they shall be paid prescribed salary as may be decided by the State-Government from time to time. The petitioners of first set of writ petitions being appointees on compassionate ground in terms of the Rules of 1974 and the G.O. of 2000, appointed prior to 1.4.2005, completed their BTC course after 1.4.2005 and got the regular appointed. The controversy arose on account of amendment in the General Provident Fund (Uttar Pradesh) (Amendment) Rules, 2005 vide Notification dated 7.4.2005 effective from 1.4.2005 whereby Rule 4 of the General Provident Fund (Uttar Pradesh) Rules, 1985 was amended. A new defined Contribution Pension Scheme was notified and made applicable to all the employees joining services after 1.4.2005 and the old defined Benefit Pension Scheme and the General Provident Fund Benefit Scheme as were available to Government employees prior to 1.4.2005 were denied to those who would be joining Government service after the cut off date, i.e. 1.4.2005.

5. Second set of writ petitioners are those who were admitted in Special BTC Course Programme, 2004 prior to 1.4.2005 but completed the BTC Course after 1.4.2005 and were appointed as Assistant Teachers in December, 2005. They claim their appointment as Government employees under the U.P. Basic Education Act, 1972 with effect from the date of their admission/selection in Special BTC Course, 2004, being a job oriented scheme and accordingly they contend that their appointment as Assistant Teacher shall relate back to the date of selection in Special BTC Course and consequently the Old Pension Scheme and the un-amended provisions of the General Provident Fund (Uttar Pradesh) Rules, 1985, would be applicable to them.

Sub