IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4193 of 2008. Decided on: October 21, 2010. Balraj Dutt & Anr. …..Petitioners. Versus State of H.P.& Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioners: Mr. H.K Bhardwaj, Advocate. For the Respondents: Mr. Ankush Dass Sood, Addl. A.G. with Mr. J.K.Verma, Dy. AG.for respondents No. 1 and 3. Mr. Ashok Thakur, ASGI, for respondent No. 2. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- “That in view of the above said facts the applicants most respectfully pray that he present original application may kindly be allowed and the respondents be directed to grant Dearness Allowance with retrospective effect on the same and similar lines on which other retired government servants/pensioners are getting and the applicants may also be granted pension at the rate of 375/- PM.” 2. In the reply at paragraph 3 it is stated as follows:- “3. That in reply to this para it is submitted that both the applicants S/Shri Balraj Dutt & Amar Chand served as JBT teachers in the D.A.V. High School Una and retired from services on 31.12.1986 and 31.3.1980 respectively. In the year 1965 the Centre Govt. started Triple Benefit Scheme, to the teachers of Govt. aided schools subject to the condition, that the teachers used to make necessary deduction from their salary towards the provident fund @ 8.5% before 1965. As per the information received from the Dy. Director Primary Education, Una, both the applicants used to make necessary 2 deduction towards the provident fund. Therefore, both the applicants were eligible to be benefited under this pension scheme. So, on the basis of this scheme a monthly pension to the applicants was calculated Rs. 116/- per month, which is clear from the Annexure-A/I as annexed by the applicants with the present original application, but no RIP was given by the Accountant General, as the order regarding the RIP on this kind of pension was not available in his office. Thereafter the pension under Triple Benefit Scheme was enhanced by the Govt. from Rs. 116 to Rs. 350 per month vide Annexure-A/2 as annexed by the applicant with the present original application and in this annexure it has been clearly mentioned that: “ The Governor H.P is pleased to decide that where the total amount of pension (superannuation retiring/invalid/compensation or family pension under the Triple Benefit Scheme plus relief thereon upto average consumer price index 608 falls short of Rs. 350/- ( Rs. Three hundred & fifty only) the minimum of Rs. 350/- per month will apply after taking into account all elements like service pension, disability pension, adhoc relief etc. sanctioned from time to time. So, in view of this fact the applicants are entitled to get Rs. 350/- per month as pension, and on this amount they are not entitled for any relief, as no such order has been received from the Govt. of India, which clarify the fact that the applicants are entitled for the other reliefs on the enhanced pension. Regarding the admissibility of other IRP on this amount the Govt. of H.P. has also sought the clarification from the Secretary Govt. of India vide annexure A-3 but no such order has been received from the Govt. of India.”” 3. In view of the stand taken in the reply, as above, this Court by order dated 4th August, 2010, directed the State Government to take up the matter with the Central Government and by a subsequent order dated 6th September, 2010, the Central 3 Government was directed to clarify its position. Learned Asstt. Solicitor General of India, has made available a copy of the communication dated 6.9.2010, which is taken on record, in that regard, wherein it is stated thus: “I am directed to refer to your letter Ref. No. RS 6043/X dated 1.07.2010 and Deptt. of Higher Education’s letter on the subject noted above and to say that during the year 1967, the Union Territory Govt. Aided School Teacher’s Contributory Provident Fund-cum-Insurance-cum Pension Rules, 1965 popularly known as Triple Benefit Scheme was introduced for teachers of the Govt. aided schools in Union territories by the then Ministry of education and Youth Service. Details of the Scheme were forwarded for implementation on 19.7.1969 to all the UTs (enclosed as annexure-I). The Scheme was introduced w.e.f. Ist April, 1965. As per this Scheme in the event of death of the teacher while in service, family pension was payable only for 5 year’s from the date, following the date on which the teacher dies, or for the unexpired portion of five years from the date of retirement, in case the teacher dies after retirement The Scheme has been modified w.e.f. 17.11.1995 and the family pension has been made life term instead of 5 years limit (Annexure-II). 2. As and when the pensions of Central Govt. employees are raised from time to time, the minimum amount payable under TBS has also been raised. The minimum amount payable under TBS to pensioner/family pensioners before 1.1.1986 was Rs. 35/ per month, which was revised to Rs. 350/ p.m. w.e.f. 1.1.1986 vide this Ministry’s letter dated 10.1.1990 (Annexure III). The Ministry again in consultation with the Ministry of Finance had enhanced the minimum pension amount from Rs. 350/ to Rs. 1250/ w.e.f. 1.1.1996 vide letter dated 29.12.1998 (Annexure IV). It is pertinent to mention here that no dearness allowance/interim relief is paid to the pensioners/family pensioners under this scheme. 3. Based on the request of UT Administration of Chandigarh, the Ministry in consultation with the Ministry of 4 Finance is considering the proposal to enhance the minimum pension from Rs. 1250/ to Rs. 3500/ along with grant of dearness allowance w.e.f. 1.1.2006. The proposal was last referred to Ministry of Finance on 10.6.2010 for approval which has requested to intimate as to whether the Triple Benefit Scheme is still in operation in the UTs. All the UTs have been requested to furnish this information, which is still awaited. The proposal will be again referred to the Ministry of Finance for consideration on receipt of the desired information from UT Administrations. 4. It is further submitted that this Ministry has issued instructions regarding implementation of TBS Scheme for the teachers in the privately managed Govt. aided schools in the UTs only. It has never issued any instructions for implementations of the said scheme for the similarly placed teachers working in schools under any State government. The petitioners in the present case are retired teachers of a private school in the State of Himachal Pradesh. Govt. of Himachal Pradesh has implemented the scheme at its own level. Therefore, the Ministry has no role in the matter. It is for the concerned State Govt. to settle the issue. 5. As regards the action taken on the State Govt.’s letter dated 6th May, 1995 seeking clarification under TBS Scheme, it is submitted that as per the records available with the Section, the said letter has not been received.” 4. Therefore, it is now for the State Government to take a decision in the matter. There will be direction to the first respondent to take decision in the matter since the Central Government has made it clear that it is for the State Government to take decision. The decision, as above, shall be taken within a period of three months from the date of production of copy of this judgment. The consequential benefits to which the petitioners are found eligible, same shall be disbursed to them within another two months. 5 5. The writ petition is disposed of accordingly, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 21, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.