Uttarakhand High Court Old Pension Scheme to Teachers as per Notification

Uttarakhand High Court Old Pension Scheme to Teachers as per Notification. Uttarakhand High Court has given a judgement to implement Old Pension to the Assistant Teachers whose notificaion date is prior to the National Pension Scheme implementation date. The Case of the petitioner is that the selection process was initiated when old pension scheme was in application and even the appointment order was also issued during the operation of the old pension scheme, 2 therefore, he will not be covered by the Government Order dated 25th October, 2005.Writ Petition No.1044 (SS) of 2014.

Uttarakhand High Court Old Pension Scheme to Teachers as per Notification

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL 
Writ Petition No.1044 (SS) of 2014 

Veena Bhagat …..Petitioner
      Versus
State of Uttarakhand & others …….Respondents
Hon’ble Sudhanshu Dhulia, J. (Oral)

  • 1. Mr. Vinay Kumar, Advocate, present for the petitioner. 
  • 2. Mr. B.P.S. Mer, learned Brief Holder, present for the State/respondent nos. 1 to 4. 
  • 3. The petitioner was appointed as Assistant Teacher in Government Primary School in the year 2005. 
  • 4. The selection process was initiated for appointment to the post of Assistant Teacher in Government Primary School vide advertisement dated 15th September, 2005 and the last date for submission of application form was 25th September, 2005. Petitioner responded to the advertisement and was declared successful vide advertisement/appointment order dated 29th September, 2005 and thereafter he joined duties on 5th October, 2005. 
  • 5. Vide Government Order dated 25th October, 2005, new pension scheme, which is known as “Defined Contribution Pension System” was introduced and new recruitees were brought under the new pension scheme including the primary school teachers w.e.f. 1st October, 2005 and the old pension scheme was made inapplicable. 
  • 6. Case of the petitioner is that the selection process was initiated when old pension scheme was in application and even the appointment order was also issued during the operation of the old pension scheme, therefore, he will not be covered by the Government Order dated 25th October, 2005. 
  • 7. A similar controversy has already been decided by this Court in Writ Petition No. 944 (SS) of 2011 (Balwant Singh & others Vs. State of Uttarakhand & others) vide judgment dated 20th November, 2012 in which it has been held that in case the process has already started for selection, such candidates will be entitled for the benefit of old pension scheme. This decision was challenged by the State Government before the Division Bench of this Court by filing Special Appeal No.330 of 2013 and Special Appeal No.523 of 2013, which were dismissed vide judgment and order dated 26th June, 2014 and the view taken by the learned Single Judge was confirmed. 
  • 8. Case of the petitioner is exactly the same, a fact which is admitted to the learned State Counsel. 
  • 9. In view thereof, the writ petition is allowed. A mandamus is issued to the respondents to treat the petitioner to be a member of the old pension scheme. 
  • 10. No order as to costs.

Details of Special Appeal No. 330 of 2013 

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL 
Special Appeal No. 330 of 2013 

State of Uttarakhand and others …..Appellants.
Versus
Balwant Singh and others …..Respondents
With
Special Appeal No. 523 of 2013
State of Uttarakhand and others …..Appellants.
Versus
Chandra Shekhar Singh and others …..Respondents
Mr. Pradeep Joshi, Standing Counsel for the appellants / State. Mr. J.S. Bisht, Advocate for the respondents.
Hon’ble Alok Singh, J.
Hon’ble Servesh Kumar Gupta, J.
  • It is stated that in the connected SPA No. 523 of 2013, delay has already been condoned vide order dated 28.03.2014. Learned counsel for the respondents has no serious objection, if delay in filing appeal is condoned. For the reasons stated, delay in filing appeal is condoned. CLMA No. 10031 of 2013 stands disposed of accordingly. 
  • Both these appeals are preferred assailing the judgment dated 20th November, 2012, passed by the learned Single Judge of this Court. 
  • We have heard learned counsel for the parties and have carefully perused the record. 
  • Petitioners applied for the post of Assistant Teachers in Government Primary Schools and were interviewed on 28.09.2005 and were selected vide order dated 29.09.2005. Thereafter, Government was pleased to issue Government Order dated 25.10.2005 making provision therein that government servants would not be entitled for regular pension, however, would only be entitled for contributory pension scheme w.e.f. 01.10.2005. 
  • Undisputedly, when petitioners applied for the post, old pension scheme was in existence, therefore, petitioners had every reasonable expectation that they would be governed by the service conditions prevailing on the date posts were advertised and recruitment process was commenced. In our considered view, service conditions, prevailing on the date recruitment process commenced, cannot be permitted to be altered in disadvantage of the recruitees. Moreover, in our considered opinion, Government Order dated 25.10.2005 is prospective in nature and cannot be made applicable retrospectively for the persons who had applied for the post prior to 25.10.2005. Therefore, we do not find any reason to take contrary view to the view taken by the learned Single Judge. 
  • Consequently, both the appeals fail and are hereby dismissed.

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