IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S.DESAI
Neel Rameshchandra Patel – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. factual background of the petitioner's case. (Para 2 , 3) |
| 2. petitioner's arguments for pension scheme applicability. (Para 4 , 5 , 11) |
| 3. court's analysis on applicability of government resolution. (Para 6 , 7 , 10) |
| 4. legal reasoning regarding policy decisions. (Para 8 , 9) |
| 5. conclusion and dismissal of the petition. (Para 12) |
JUDGMENT :
Nirzar S. Desai, J.
1. Heard learned advocate Mr. Rohan Majmudar for the petitioner and learned Assistant Government Pleader Mr. Henil Shah for respondent Nos. 1 to 3.
2. By way of the present petition, the petitioner has prayed for quashing and setting aside the action of respondent authorities of not applying old pension scheme to the petitioner and has further prayed for a direction to the authority to apply old pension scheme in the case of the petitioner and further direction to authorities to open a GPF account of the petitioner. The petitioner has further prayed for quashing and setting aside a communication dated 08.08.2025 issued by respondent No. 4 whereby the petitioner was denied the benefit of old pension scheme. The petitioner has also prayed for quashing and setting aside the communication dated 24.07.2025 whereby the r
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.
Employees appointed before the pension scheme cutoff date may opt for the old pension scheme despite formal appointments occurring later.
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.
Delay in appointment due to departmental inaction justifies treating the petitioner under the Old Pension Scheme, despite the New Pension Scheme coming into effect.
The central legal point established in the judgment is the court's authority to order the deletion of specific words from a resolution to extend the benefits of the Old Pension Scheme (OPS) to eligib....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.