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SANDEEP N. BHATT
Rameshbhai Kantibhai – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Jay Mehta, learned AGP waives service of notice of rule for and on behalf of the respondents.
2. This petition under Article-226 of the Constitution of India is filed with following prayers :
(B) Be pleased to pass appropriate writ, orders and/or direction in the nature of mandamus by exercising powers under Art.226 of the Constitution quashing and setting aside the communication/order dated 4-12-2015 issued by the respondent no.3 by declaring same as illegal, arbitrary, contrary, to the GR dated 13-7-2015 and violative of Art.14 and 16 of the Constitution and further be pleased to hold and declare that, new pension scheme announced is not applicable to the petitioners and petitioners are entitled to receive pension according to old pension scheme under which all other the employees on the badli list prepared as on 1-4-1984 and regularized prior to 2005 (i.e. between 1988 and 31-03-2–5) are drawing pension upon retirement after putting in more than 10 years of services;
(C) pending admission, hearing and final disposal of this petition, be pleased to pass appropriate orders and/or directions directing th
Entitlement to pension benefits under the Old Pension Scheme is determined by the completion of 10 years of service prior to the specified date, as per the Government Resolution.
Employees completing 10 years of service prior to 31-03-2005 are entitled to the benefits of the Old Pension Scheme as per the Government Resolution dated 13-07-2015.
Employees who complete 10 years of service before the cut-off date are entitled to the Old Pension Scheme, regardless of subsequent formal appointment dates.
Eligibility for old pension scheme denied based on government policy for appointments made after specified date; courts refrain from altering policy decisions absent clear perversity.
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....
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