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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANGAM KUMAR SAHOO, HARISH KUMAR
Ashok Singh S/o - Late Chandra Deo Prasad Singh – Appellant
Versus
The Union of India through the Secretary, Ministry of Human Resource Development, Department of Secondary and Higher Education, Shastri Bhawan, New Delhi – Respondent
JUDGMENT :
HARISH KUMAR, J.
We have heard Mr. Siya Ram Shahi, learned counsel for the appellants, Mr. Y.V Giri, learned senior counsel for the National Institute of Technology, Patna and Mr. Brajesh Kumar Pandey, learned counsel for the Union of India.
2. The present intra-court appeal is preferred against the order/judgment dated 29.11.2024 passed by the learned Single Judge in CWJC No. 13044 of 2014, whereby and whereunder the claim of the writ petitioners for extending benefit of Old Pension Scheme came to be rejected.
3. The facts, in brief, are that the petitioners were duly appointed against Class III and Class IV post under the Centre for Water Resources Studies (in short ‘CWRS’) sometime in the year 1983 and 1984. The CWRS as then was a self financing research organisation having its head of the department Civil Engineering, Patna University. In the meeting of the Centre Management Committee, Patna University, held on 04.09.1986 in the Chairmanship of the Principal, Bihar College of Engineering, Patna, it was decided to provide regular pay scale to the petitioners.
4. Subsequently, while the petitioners were working in Class III and Class IV posts on the recommendation of the Co
The main legal point established in the judgment is that the National Pension System (NPS) is applicable only to new recruits entering service post 01.01.2004, and as the petitioners were appointed b....
Autonomous bodies adopting Central NPS must apply OM dated 03.03.2023, granting old pension option to employees from pre-22.12.2003 advertisements despite post-01.01.2004 joining.
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