RAMJEE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Accountant General, Bihar, Patna and learned counsel appearing on behalf of the State Bank of India. The petitioner was initially appointed as Assistant Teacher on 02.08.1950 in Dayanand Boys Middle School, Khusrupur under Anchal- Khusrupur, District- Patna and retired on 30.09.1991 from the same school from the post of Assistant Teacher.

(2.) Petitioner prays for the following reliefs :

(3.) In compliance of the order dated 12.09.2018, respondent no. 4 has filed 3rd supplementary counter affidavit stating therein that in response to queries made by the Hon'ble Court regarding entitlement of the wife of the petitioner to get family pension under the Triple Benefit Scheme (TBS) is concerned, it would be evident from perusal of Annexure-A to the counter affidavit of the Accountant General, Bihar that the Education Department vide Notification No. 3431 dated 04.09.1964 had made provision for the Bihar Non-Govt. School Employees' Provident Fund Insurance- Pension (Triple Benefit Scheme) w.e.f. 01.04.1962, prior to that they were simply entitled to get the contributory provident fund and it was provided that the employee retiring on or after 01.04.1962 will be eligible for the pension or gratuity under the scheme. It would be evident from the said notification that there was no mentioning of family pension and as such, there was no provision for grant of any family pension. Learned counsel for the respondent no. 4 has submitted that provision of family pension was introduced in respect of such employees w.e.f. 01.04.1983 with certain condition vide letter no. 68 dated 06.06.1983/ 29.06.1988, whereby it was resolved to grant G.P.F., Pension (including family pension) and gratuity like Government employees in place of TBS to the teachers of non-government, aided as well as primary and middle schools run by the minority communities.