SWARAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Swaran Sharma, by this petition under Articles 226 and 227 of the Constitution of India, prays for direction to the respondent -State of Himachal Pradesh to grant her pensionary benefits admissible under the scheme, which is popularly known as Triple Benefit Scheme." The BACKGROUND

(2.) The Government of India in the Ministry of Education, by a communication dated 2nd September, 1966, addressed to the Chief Secretaries of the Union Territories in India, informed that the Government of India has decided that a Contributory Provident Fund -cum -Pension -cum -Insurance Scheme (Popularly known as Triple Benefit Scheme) should be introduced in all the Government Aided Privately managed Schools, extending this benefit to the Teachers in those schools. This scheme was also introduced in the then Union Territory of Himachal Pradesh. The Scheme envisaged, that all the categories of permanent teachers appointed on or after 1st April, 1965, shall be covered by the scheme which would entail the benefits, apart from the Contributory Provident Fund, pension equal to 1/120 of the teachers pay for every completed years (after 10 completed years) up to a maximum, 30/120 of the pay.

(3.) The grievance which calls for answer is whether the petitioners is entitled to pensionary benefits under the Triple Benefit Scheme, formulated by the Government of India in the Ministry of Education, for the Union Territories in the year 1966 (Annexure P -1). The FACTS