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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, NANI TAGIA
State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna – Appellant
Versus
Dileep Kumar S/o Late Mahesh Prasad Singh – Respondent
| Table of Content |
|---|
| 1. factual basis for claimant's eligibility for pension (Para 3 , 6 , 7) |
| 2. arguments against single judge's ruling (Para 12 , 13) |
| 3. court's observation on appellate jurisdiction (Para 14 , 15) |
| 4. final determination of the appeal's outcome (Para 16) |
JUDGMENT :
Sangam Kumar Sahoo, CJ.
The Letters Patent Appeal has been filed by the State of Bihar challenging the order dated 09.09.2024 passed by the learned Single Judge in C.W.J.C. No. 13092 of 2024.
2. It appears that the Respondent No. 1, Dileep Kumar filed the writ petition seeking for following reliefs:
“...i. Issuance of a writ, writ(s), order order(s) commanding the respondent authorities to grant the benefit of old pension scheme and government provident fund to the petitioner instead of contributory pension scheme and contributory provident fund under the new pension scheme, treating the petitioner to be appointed in government service before 01.09.2005.
ii. Issuance of a writ, writ(s), order, order(s) commanding the respondent authorities to treat the petitioner to have been appointed prior to 01.09.2005 e.i. appointed on 24.02.2005 for the purposes of application of the service condition in regard to old pension sc
Employees appointed before the pension scheme cutoff date may opt for the old pension scheme despite formal appointments occurring later.
Delay in appointment due to departmental inaction justifies treating the petitioner under the Old Pension Scheme, despite the New Pension Scheme coming into effect.
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