Point of Law: Once an option for extension of service beyond normal age of retirement with denial of benefit of gratuity had been exercised by a teacher, family members could not have claimed the benefit in conflict with option already exercised by the deceased.

JUDGMENT :

1. Heard Mr. Rajesh Kumar, Mr. Ram Krishna Patel, Mr. Adarsh Singh, Mr. Om Prakash Chaube, Mr. Gorakh Yadav, Mr. Kamal Kumar Kesherwani, Mr. Chandra Sekhar Pandey, Sr. Advocate and Mr. Manoj Yadav, learned counsels appearing for petitioner and Mr. J.N. Maurya, learned Chief Standing Counsel assisted by Mr. Chandan Kumar, learned Standing Counsel appearing on behalf respondent-State.

2. The question of law required to be adjudicated upon in this bunch of petitions is as follows :

(a) Whether option pertaining to grant of death-cum-retirement gratuity explicitly given or deemed to have given in terms of statutory rule by a member of teaching staff of Intermediate College can be revised without amendment in statutory rules only on the basis of subsequent Government Orders ?

(b) Whether such revision of option can be exercised at the instance of family members of such a teacher consequent upon his demise having failed to exercise such an option during his life time ?

3. At the very outset, learned counsel for respondents have taken a plea of some of the petition's not being maintainable in terms of Chapter 22, Rule 7 of the Allahabad High Court Rules since earlier also the same petitioners had filed petitions. However it is not disputed that the earlier petitions had not challenged the orders rejecting claims of petitioner, which are under challenge in the present petitions. As such, the subsequent rejection of claims of petitioners clearly constitutes a fresh cause of action due to which in the considered opinion of this Court, the same would not be barred under Chapter 22 Rule 7 of the Allahabad High Court Rules. The petitions are therefore held maintainable.

4. The predecessors-in-interest of petitioners were teachers serving in Government Aided Private Educational Institutions. There was disparity in service conditions of the teachers serving in Government run institutions and those serving in Government aided private educational institutions. Government of India appointed Secondary Education Service Commission, which made certain recommendations for removing disparity. On basis of these recommendations. State of Uttar Pradesh initially introduced a scheme known as "Triple Benefit Scheme' and framed Rules known as 'Uttar Pradesh Aided Educational Institutions Employees Contributory Provident Fund, Insurance, Pension Rules, 1964' which came in effect from 1st October, 1964. In pursuance of the aforesaid Rules, Government Order dated 17-12-1965 was issued for implementing the Scheme under which the benefits of (i) contributory provident fund, (ii) special life Insurance, and (iii) pension including the family pension were to be given to all the teachers serving in the State aided primary schools, Junior High Schools, Higher Secondary Schools, Degree Colleges, Training Colleges etc. However, the pensionery benefits under the above Triple Benefits Scheme were still not at par with pensionery benefits admissible to teachers serving in Government institutions. To remove this disparity and in order to provide the same pensionery benefits to the teachers of Government Aided Private Institutions which were admissible to Government teachers, State of Uttar Pradesh issued Government Order dated 31st March, 1978. However, as the age of superannuation in case of teachers serving in Government colleges was 58 years, the teachers serving in Government Aided Private Institutions were asked to opt for the age of superannuation at 58 years for getting the pensionery benefits at par with the teachers serving in Government Colleges. Government Order inviting such option was issued on 10-8-1978. Under this Government Order if teacher opted to retire at the age of 58 years, he was to get death-cum-retirement gratuity along with other pensionery benefits.

5. Additionally, the 'Rules of U.P. School and College Teachers' Gratuity Fund' were framed and came into effect from 01.04.1964 which postulated grant of gratuity to teachers of Aided Educatio