(1.) The appeals and also the writ petitions involve identical questions. All such similar matters have been listed for analogous hearing. Hence, these are being decided by this common judgment and order. Large number of cases have been referred to us by a Division Bench of this Court because of conflict of opinion. One such order has been passed on 16th January, 2008 by the said Division Bench in APO No. 119/2007. In view of the conflicting decisions of this Court, the cases have been referred in entirety to the larger Bench. Question involved in these matters is, whether employees have to be given an opportunity to switch over to the Pension-cum-Gratuity Scheme, in view of change made in para 17(3) of Revision of Pay and Allowances 1990 and in para 13 of Revision of Pay and Allowances 1998.
(2.) The facts, in short, are that the petitioners are teachers of recognised non-government educational institutions in the State of W. Ben. From time to time various service benefits have been conferred on the employees of such institutions and revision of pay rules have revised their salary with rider of reduction in age of superannuation and revised higher benefit on retirement. Before 20th September, 1967, the teaching and non-teaching staff of the Secondary Schools were only entitled to the benefit of Contributory Provident Fund by way of retiral benefit.
(3.) Earlier Death-cum-Retirement Scheme came into force with effect from 1st April, 1966. In the year 1981, revision of pay scales was effected by way of Revision of Pay and Allowances, 1981 (in short ROPA 1981). In the year 1985, Death-cum-Retirement Benefit Scheme, 1981 was framed (in short DCRB Scheme, 1981). In that scheme, either of the two benefits was available, CPF-cum-Gratuity or Pension-cum-Gratuity. Age of retirement was 65 years at the relevant time with certain riders. Then came another Revision of Pay and Allowances, 1990 (in short ROPA 1990) on the basis of the recommendation of a Pay Commission. On opting for revised pay, consequences followed as to the age of superannuation to be 60 years and no right of extension upto 65 years with right to receive pension at par with government employees and enhanced gratuity as provided in para 17 of ROPA 1990. Then came Revision of Pay and Allowances, 1998 (in short ROPA 1998). Para 13 of ROPA 1998 was substituted to make the basis of option furnished under DCRB Scheme, 1981 for receipt of benefit of Pension-cum-Gratuity or CPF-cum-Gratuity. The provisions of para 17 of ROPA 1990 were amended to accord with para 13 of ROPA 1998 retrospectively in the year 2007. The State Government invited fresh option under DCRB Scheme, 1981 on 16th December, 1991 and not thereafter.