SHASHTHI DUTT SHASTRI Vs. STATE OF U P

JUDGEMENT

(1.) All the petitioners retired upon completion of 60 years of age prior to 1.7.2003. Case set out by the petitioner is that the State Government vide its G.O. dated 31.3.1978 put the teachers in non government aided Institution at par with the teachers in the Government Institution for the purpose of drawing pension and gratuity. Aforesaid parity was made effective from 1.3.1977. It was also provided that those teachers who are retiring on or after 1.3.1977 would be entitled to pension calculated at the same rate and in the same manner as was admissible to their counter part employees in Government Colleges except the benefit of death-cum retirement gratuity.

(2.) State Government issued another G.O. dated 10.8.1978 with the prior permission of the Governor whereby death-cum-retirement gratuity was made applicable to teachers serving in non government aided Institutions to bring them at par with the teachers serving in Government Institution. The age of retirement of teachers in the Government Institution was 58 years whereas the age of retirement of teacher in the non government aided Institution was 60 years. The aforesaid parity was available only in case teachers opted to retire at the age of 58 years instead of 60 years. Homogeneous class was formed by the State Government for the teachers as a whole whether they served in the Government Institution or in the non government aided Institution. This parity was brought about w.e.f. 30.6.1978. The parity was permissible in case the teachers working in the non government aided Institution opted to retire at the age of 58 years which would entitled them to get death cum retirement gratuity.

(3.) State government issued the G.O./notification dated 28.11.2001 with prior consent of the Governor whereby the age of superannuation of Government Servant was increased from 58 years to 60 years. Consequently, G.O. dated 20.6.2002 was issued by the government to the effect that all service benefits i.e. payable to Government servant at the age of 58 years will be payable at the age of 60 years w.e.f. 28.11.2001. Consequence of this order was that the death-cum-retirement gratuity would be payable to the teachers working in government Institution who retired at the age of 60 years. Same benefit was to be given to the persons working in non government Institution who opted to retire at the age of 58 years instead of 60 years which was date of retirement of government teachers prior to this order.