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P. B. BAJANTHRI, ARUN KUMAR JHA
Shambhoo Sharma – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – Learned counsel for the review petitioners submitted that this matter may be taken up along with Serial No. 130, Civil Review No. 309 of 2018 and connected matters.
2. On an earlier occasion we have made an observation that the review petitioners are not entitled to have the benefit of old pension in view of the fact that they were appointed on substantive post subsequent to the date of introduction of New Pension Scheme of the State of Bihar. In this regard, we have already taken note of the decision of the Apex Court in the case of State of Bihar and Ors. vs. Rajmati Devi and Anr. (Civil Appeal No. 3900-3901 of 2022) [: 2022 (4) BLJ 13 (SC)] decided on 20.05.2022.
3. In view of these factual aspects of the matter and the fact that each of the review petitioners have been substantively appointed to a particular post subsequent to the introduction of New Pension Scheme. Therefore, they are not entitled to have any benefit under the Old Pension Scheme in view of the fact that Old Pension Scheme cease to be existing as on the date of petitioners substantive appointment.
4. Accordingly, these Civil Review petitions are dismissed.
Date: 05-10-2023 (At 02:15 p.m.)
5. Ev
The date of appointment is crucial in determining entitlement to pension schemes, and petitioners appointed after the introduction of a new scheme are not entitled to the old scheme.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
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