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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Union of India through Secretary, New Delhi – Appellant
Versus
Nawal Kishor Thakur S/o Rambhato Devi – Respondent
| Table of Content |
|---|
| 1. conclusion dismissing the writ petitions. (Para 9 , 11) |
| 2. court's reliance on past judgments and pension eligibility. (Para 10) |
JUDGMENT :
MOHIT KUMAR SHAH, J.
1. The aforesaid two writ petitions have been filed against the same impugned judgment dated 14.01.2025, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the “Ld. CAT”) in O.A. No. 050/ 00947/2022 and O.A. No. 050/00948/2022, hence the same have been taken up for hearing together and are being disposed off by the present common judgment and order. As far as the first writ petition i.e. CWJC No. 14291 of 2025 is concerned, the Respondent is son of the deceased original applicant, who happens to be wife of the deceased employee, hence the deceased employee shall be referred to as the husband of the original applicant in the present Judgment.
2. The Ld. CAT, by the aforesaid impugned judgment dated 14.01.2025 has allowed the connected original applications filed by the applicants and has directed to include the said two applicants in the old pension scheme and fix their pension/pensionary benefits as per the Old Pension Scheme.
3. The short facts of the case are
Employees promoted prior to the New Pension Scheme cut-off date retain eligibility for the Old Pension Scheme, reflecting equitable treatment despite changes in pension policy.
Eligibility for Old Pension Scheme determined by appointment date relative to Government directives.
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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