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BIBEK CHAUDHURI
Umesh Prasad, Son of Late Rajendra Ray – Appellant
Versus
State of Bihar, through the Principal Secretary, Department of General Administration, Government of Bihar – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.)
1. By an advertisement, dated 26th of January, 1998, the Bihar Public Service Commission (BPSC), conducted 1st Regional Competitive Examination, 1998 for the post of Class-III employee in the District Level Regional Offices in the pay-scale of Rs. 1200-1800/-. The Petitioners applied for their recruitment in Class-III posts and on being selected through written test, followed by oral interview, they were recommended for appointment to Class-III posts vide Memo No. 1037, dated 15th of January, 2003. Though some of the recommendees joined various departments, the Petitioners were not appointed in any of the Government Department. Being aggrieved, the Petitioners filed a writ petition, which was registered as C.W.J.C. No. 1281 of 2004. The said writ petition was disposed of vide order, dated 16th of March, 2005, directing the District Magistrate-cum-Collector, Begusarai to consider the cases of the Petitioners for their appointment against general category vacancy forthwith and not later than a period of six weeks from the date of receipt/production of a copy of the order. In spite of the said order, having been passed, the Respondents failed and neglec
The court held that petitioners should be notionally appointed from 15th January 2003 for Old Pension Scheme benefits due to administrative delays in their appointment.
Employees appointed before the pension scheme cutoff date may opt for the old pension scheme despite formal appointments occurring later.
Accrued legal rights to pension benefits cannot be denied due to administrative delays in appointment.
The main legal point established in the judgment is that the right to be governed by a pension scheme is determined by the date of commencement of the recruitment process, and delay in appointment du....
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
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