In order to provide teachers serving in State-aided institution, better service conditions Committee was constituted and said Committee made recommendation that an employees serving in the State-aided educational institutions were enjoying the benefit of Contributory Provident Funds only, and there was no provision of their Life Insurance/Pension etc. and it was considered necessary that these benefits might also be extended to them in order to relieve them of the worries after the retirement and in this background by means of Government Order dated 17.12.1965 Triple Benefit Scheme was introduced which was made effective with effect from 01.10.1964. The benefit accruing to the employees under the said scheme was (I) Contributory Provident Fund (ii) Compulsory Life Insurance and (iii) Pension including Family Pension. For making these benefits more effective Rules were made providing therein terms and conditions on which these benefits were extendable. Said Rules were known as “Uttar Pradesh State aided Educational Institutions Employees Contributory Provident Fund. InsurancePension Rules” Chapter I of the said rules provided for that these Rules shall apply to permanent employees serving in State aided of said Rule is to ensure, all three type of service benefits namely Contributory Provident Fund, Insurance and Pension. Chapter II of the said Rules deals with definitions Clause. Chapter III of the said Rules deals with Contributory provident Fund, Chapter IV of the said Rules deals with Life Insurance and Chapter V of the said Rules deals with Pension. Under Chapter V of the said Rules, Rule 17 deals with eligibility for pension of an employee and in respect of entitlement of pension. Here we are not concerned with the same, inasmuch as grant of pension is not at all in dispute. Rule 24 deals with family pension and as per said Rule 24 family pension not exceeding the amount specified could be granted for a period of 10 years to the family of an employee who dies either while still in service or after retirement, after completion of not less than twenty years of qualifying service. Proviso has been added to the said Rule providing therein that period of payment of family pension shall in no case extend beyond a period of five years from the date on which the deceased employee would have attained the age of superannuation. While this scheme had been subsisting on 08.03.1978 State Government issued Government Order in the background of repeated request being made that pension should be made available to the employees of institution run and managed by Basic Shiksha Parisad, Allahabad in the same way and manner as state government employees were being paid. State Government conceded to this demand and mentioned that all the employees of institutions run and managed by Basic Shiksha Parisad who have been retired on 01.03.1977 or thereafter they would be paid their pension in the same way and manner as State Government employees were being paid. However a rider was attached to the same by mentioning that the said teacher would not at all be entitled for benefit of Death Cum Retirement Gratuity and after death no pension would be made admissible to their family members. In the said Government Order itself it was mentioned in paragraph-2 that each employee will have to give their option as to whether they would opt for pension in the way and manner as provided for in
