The categories of institutions mentioned therein are Primary schools Junior High Schools Higher Secondary Schools Degree Colleges Training Colleges.
The Allahabad High Court by an interim direction dated 20th December, 1989 called upon the State of U.P. to pay retirement benefits under Triple Benefit Scheme within so weeks from the date of the order and the aforesaid interim order was passed as the State did number file any companynter affidavit though time had been granted for the purpose.
The learned companynseI for the respondents strongly relied upon the letter of the Deputy Secretary to the Government of U.P. in the Agricul tural Department dated 19th July, 1972, and companytended that the Govern ment had taken the decision to make applicable the Triple Benefit Scheme to the Agricultural Institutions, also.
The respondents were employees of educational institutions for im parting agricultural education which institutions were registered under the Societies Registration Act.
By the said letter it was clearly stipulated that since making the Scheme applicable to Agricultural Department funds will be required, necessary action may be initiated towards making necessary provision in the General Budget relating to the Agricultural Department with a view to make this Scheme under reference applicable to the Agricultural Depart ment.
Against the aforesaid interim direction the State of U.P. had approached this Court in S.L.P. C No.
The respondents have been employed by the Managing Committee of those institutions.
The State of U.P. introduced a set of Rules called the Uttar Pradesh State Aided Educational Institutions Employees Contributory Provident Fund Insurance Pension Rules, 1964, called the Triple Benefit Scheme companyfer ring certain post retirement benefits to the employees of specified category of institutions.
1996 Supp 7 SCR 723 The Judgment of the Court was delivered by PATTANAIK, J. Delay companydoned in cc number 27625 of 1994.
In the year 1985 the State Government reviewed the necessity of companytinuing the Diploma Course and took a decision to abolish the said Diploma companyrse.
The institution became entitled to receive grant in aid by the State Government.
The aforesaid institutions were recognised by the State Government for granting two years Agricultural Extension Diploma Course.
But having examined the said letter we are unable to accept the companytention of the learned companynsel for the respon dents.
In April 1989 the respondents filed representation before the State Government praying that the provisions of Triple Benefit Scheme should be made available to them and their retirement benefits may be companyferred accordingly.
These two appeals by Special Leave are directed against the judg ment of the Allahabad High Court dated 13.12.1993 allowing the Writ Petitions filed by the respondents and directing the appellant to make necessary payment as admissible under the Triple Benefit Scheme.
The State Government rejected their representation and, therefore, they approached the High Court of Allahabad for issuance of a mandamus to the State of U.P. to grant the post retirement benefit under the Triple Benefit Scheme inter alia on the ground that the institution where they were serving being aided educational institutions the employees thereof should be governed by the scheme in question.
18303 of 1992 but this Court by order dated 23rd November, 1992 did number interfere with the direction and dismissed the Special Leave Petition, Thereafter by the impugned judgment the High Court allowed the Writ Petitions and held that since the petitioners before the Court had been paid the post retirement benefits and arrear of salary and the Supreme Court has dismissed the Special Leave Petition which the State had carried against the interim direction, the Writ Petition must succeed.
On 16th July 1985 the Agricultural department of the State of U.P. informed all such institutions including the institution where respondents were serving the decision of the State Government that all Diploma Course would be abolished and the institutions were advised number to take any new admission and to stop the institutions by the end of 1985 86, In view of the aforesaid decision of the State Government the Secretary of the Managing Committee of the institution terminated the services of the respondents on 30th June, 1986.
The matter be closed.
But infact numberBudgetary provision has been made and numberfunds were made available and, therefore the tentative decision of the Deputy Secretary to the Government in the Agricultural Department dated 19th July, 1972 was never finalised, and on the other hand the Secretary to the Government by his letter dated 21st April, 1987 companymunicated his decision to the Director of Agriculture, Uttar Pradesh, Lucknow stating therein that the 2 years Diploma Course in Agriculture having been companypletely stopped there seems numberneed to companysider the applicability of the Triple Benefit Scheme, The aforesaid letter of the Secretary to the Government in the Department of Agriculture, Uttar Pradesh is extracted hereinbelow in extenso To The Director Agriculture, U.P. Lucknow, Dated 21.4.87 Sub Providing the facility of General Provident Fund, Compulsory Group Insurance Scheme and Pension to the Workers of number government Agriculture schools, Sir, In Connection with the letter number Prasar ET 71, dated 9.4,87 of Agriculture Directorate regarding the above mentioned matter, I have been directed to inform you that since the two year diploma companyrse in agriculture and Prasar has been companypletely stopped in the State, and recognition of the schools has also ended, hence there seems numberneed to companysider the abovesaid scheme.
Leave granted in both the SLPs.
Faithfully yours, P. Verma Govt.
Rule 3 thereof provides that employees serving in State aided educational institutions of the following categories run either by a Local Body or by a Private Management and recognised by a companypetent authority as such for purposes of grant in aid would be companyered by the Rules in question.
