JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioner put-forth prayer clause-C as under:

“C) By way of appropriate Writ, order or direction in the like nature, the Hon’ble High Court may kindly direct the respondent authorities not to make applicable the Defined Contributory Pension Scheme (New Pension Scheme) to the service of petitioner, pursuance to the Government Resolution dated 31st October, 2005, as the appointment of the petitioner is prior to 31st October, 2005.”

3. The learned advocate for the petitioner submits on instructions that though he has challenged the Government resolution dated 31.10.2005, he would not press the said prayer and he desires that his claim be decided in the light of his appointment order and the placement granted to him.

4. Having considered the strenuous submissions of the learned advocates representing the respective sides, we find that the sequence of events need to be set out as under:

A) Respondent no.4-University published an advertisement dated 07.08.2004 in various newspapers for flling up various posts including the post of a Junior Assistant.

B) The petitioner applied in pursuanc