Back
SANJAY KUMAR MEDHI
Ama Tajo, S/o. Shri Nampam Tajo – Appellant
Versus
State of A. P. , Rep. by the Secretary to the Govt. of Arunachal Pradesh, Home Department, Itanagar – Respondent
JUDGMENT :
Heard Shri M. Chanda, learned counsel for the petitioners and Shri S. Tapin, learned Senior Government Advocate, Arunachal Pradesh.
2. 95 numbers of petitioners have joined together in this writ petition with amongst others, the principal grievance relating to their pension.
3. The petitioners are working as Head Warden/ Jail Warden in the Jail Department which is under the Inspector General of Prisons of the State of Arunachal Pradesh.
4. The grievance of the petitioners, as indicated above, is treating them to be covered by the New Pension Scheme (for short, ‘NPS’). To be more particular, the grievance is against a communication, dated 22.07.2021 issued by the authorities, by which, it has been laid down that employees who were appointed on or after 01.01.2008 would be covered by the NPS scheme.
5. The case of the petitioners is that the recruitment process through which they were inducted in the services was pursuant to an advertisement, dated 19.03.2007. The petitioners had participated in the recruitment process which had consisted of various segments including physical fitness and interview and accordingly, a merit list was published on 14.12.2007 by notifying 100 numbe
The date of initiation of the recruitment process is crucial in determining the coverage of pension schemes for employees, as emphasized by relevant case laws and applied in this judgment.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
The timing and completion of the recruitment process are crucial in determining entitlement to specific pension schemes and benefits.
The delay in the appointment process did not entitle the petitioners to the benefits of the old pension scheme, and the 1969 Circular was not binding to support their claim.
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
Delay which had occurred during the selection process as well as the delay in issuing the appointment orders cannot be attributed to the petitioners in the absence of any explanation forthcoming from....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
