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K. VINOD CHANDRAN, PARTHA SARTHY
Shiv Deo Singh – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ.—The challenge raised in the batch of writ petitions; by the teaching and non-teaching staff of the Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna ('L.N Mishra Institute' for short), is to the sustainability of the amendment to the rules regulating service conditions brought out by notification dated 19.12.2017, produced as Annexure-6 in CWJC No. 644 of 2023. By the said notification the benefit of pension as per the Old Pension Scheme, as applicable to the Government employees, which was made applicable to the teaching and non-teaching staff of the L.N Mishra Institute by the Lalit Narayan Mishra Institute of Economic Development and Social Change Institute Service Condition Rules, 2017 (Rules of 2017, for short) was amended and modified to one under the Provident Fund Scheme. The petitioners, all of whom are/were the employees of the L.N Mishra Institute prior to 01.09.2005, claim that the notification at Annexure-6 cannot take away their vested rights to pension on superannuation, brought in by the Rules of 2017.
2. Mr. Mrigank Mauli, learned Senior Counsel appeared for the petitioners in CWJC No. 644 of 2023, the first of wh
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
The main legal point established in the judgment is the applicability of the New Pension Scheme to government employees who joined the service after 01.04.2005, based on the relevant rules and regula....
Denial of pension to employees of aided institutions appointed prior to promulgation of Rajasthan Civil Services (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rule....
Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed....
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
Employment and Service matter - Payment of provident fund - New Pension Scheme - Enforcement of - Under impugned order making applicable NPS being institutions brought within the purview of Payment o....
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