Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed in recognized schools in accordance with scheme applicable to aided institutions.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri L.P. Misra, learned counsel assisted by Sri G.C. Verma, Sri Vinay Mishra, Sri Pt. S. Chandra, Sri Hari Prakash Yadav and Sri K.M. Shukla, learned counsel for the petitioner and Sri Alok Sharma, learned Additional Chief Standing Counsel for the respondent State, Sri Ajay Kumar, Sri Neeraj Chaurasiya, Sri Vindhyawasini Kumar, Sri Prashant Arora, Sri J.B.S. Rathour and Sri P.K. Bishen, learned counsel for the respondents.

2. This is a bunch of 66 writ petitions. Facts of all the connected writ petitions are same and is in regard to claim of Old Pension Scheme (OPS), therefore, this bunch of writ petitions is being decided by means of a common order treating Writ Petition No. 3458 (S/S) of 2009 to be leading writ petition.

3. Brief fact of the case is that several senior basic level institutions were established during year 1989-1998 in which teaching and non teaching staff were appointed. The Government has discontinued the monthly pension scheme vide order dated 28.03.2005 and w.e.f. 01.04.2005 placed a new contributory pension scheme to new recruits. The government order issued by the State Government on 28.03.2005 has laid down New Pension Scheme enforced w.e.f. 01.04.2005 and vide impugned order, the State Government refused to cover the claim of the teaching and non teaching staff from the zone of old pension scheme on the ground that the institutions where they have been appointed have been brought after the enforcement of NPS.

4. Vide order dated 02.12.2006, the Government of U.P. admitted those 100 institutions, who were established between 1989-1998 in grant in aid list. However, teachers of those institutions are not being paid benefit of pension as per OPS, however they were appointed prior to 01.04.2005, therefore, the present bunch of writ petitions has been filed.

5. Bunch of writ petitions were filed before this Court claiming the relief sought in the present bunch of writ petitions claiming pensionary benefit under the Scheme of 1964 challenging certain orders, whereby members of the Association were ordered to be governed by New Pension Scheme (NPS) introduced vide notification dated 28.03.2005 ignoring the fact that the institution under which the members of the Association were working started receiving grant in aid after 01.04.2005.

6. The claim setup by the petitioners of the above referred writ petitions was not accepted by learned Single Judge and the writ petitions were dismissed.

7. Being aggrieved by the judgment passed by learned Single Judge, a special appeal was preferred by the petitioners, which was also dismissed vide judgment and order dated 04.12.2015. A review application was filed mainly on the ground that the Division Bench in dismissing the appeal has relied on the judgment passed by this court in the case of Budhiram vs. State of U.P. and Others, Civil Misc. Writ Petition No. 45217 of 2012 decided vide judgment and order dated 26.09.2012.

8. The judgment and order passed in the case of Budhiram (Supra) was subsequently set aside by the Division Bench with remission of the case to learned Single Judge for a fresh decision of the issue along with pending petitions.

9. In view of the judgment in the case of Budhiram (Supra), this bunch of writ petitions is being decided after hearing learned counsel for the parties.

10. In certain writ petitions connected to the bunch matter, by means of interim orders passed by this Court, G.P.F. from the salary of the teaching and non teaching staff have been deducted and after passing the impugned orders challenged in the writ petitions, the claim of applicability of Old Pension Scheme (OPS) was rejected and the deduction of GPF amount was stopped.

11. In the writ petitions filed by U.P. Senior Basic Shikshak Sangh by enclosing copy of list of members, a direction was issued for deposit of court fee by the members. The members have paid the court fee, which has been filed before this court through supplementary affidavit.

12. Certai