STATE OF BIHAR Vs. ARYA DEVI

JUDGEMENT

(1.) Both the Letters Patent Appeals have been preferred by the State of Bihar and they have been heard together in detail at the stage of admission itself. They involve a common question of law as to whether in case of teachers of elementary schools taken over by the State Government under the Bihar Non -Govern -'ment Elementary Schools (Taking Over of Control) Act, 1976 (hereinafter referred to as 'the Act') who ceased to be in service of such schools, on account of death or retirement, prior to 31 -3 -1976, the widow or other family members are entitled to family pension under the 1964 Notification which provides Family Pension in case of death of Government employees.

(2.) The relevant facts, in short, are that husband of the writ petitioner in both the cases was a teacher in an elementary school taken over by the State Government under the Act, Admittedly, they ceased to be employees of the schools concerned prior to 1 -4 -1976. Although the Act was enacted in 1976 but certain categories of elementary schools, by virtue of Section 3(1) of the Act were deemed to have been taken over the State Government with effect from 1st day of January, 1971. For other categories of schools the date of take over was to be determined by the authority concerned and required to be notified in the official gazette.

(3.) It is not in dispute that the schools in question were taken over with effect from 1 -1 -1971. It is also not in dispute that prior to take over of these schools under the provisions of the Act, the employees of such non -government elementary schools were getting the benefit of only Provident Fund, Insurance Pension under a scheme known as Triple Benefit Scheme introduced vide Education Department Notification No. 3431, Dated 4th September, 1964 which made the scheme effective from 1st April, 1964. Government framed Bihar Non -Government Schools employee Provident Fund Insurance -Pension (Triple Benefit Scheme) Rules to govern the grant of benefits under the 1964 scheme to employees retiring from schools on or after 1st April, 1964. The Triple Benefits under this scheme did hot include family pension.