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ROBIN PHUKAN
Jugal Kishor Choudhury, S/o Late Uttam Choudhury – Appellant
Versus
Ritamoni Hazarika, W/o Biswajit Nath – Respondent
JUDGMENT :
1. Heard Mr. B.D. Das, learned Senior counsel assisted by Mr. J. Lotha, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned standing counsel, Finance Department, appearing for respondent No.3 and Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department, appearing for respondent Nos.1, 2 and 4.
2. The grievance of the petitioners, being sought to be addressed in this petition under Article 226 of the Constitution of India, is that pursuant to an advertisement dated 28.12.1996, issued by the Director of Secondary Education, Assam, respondent No.2 herein, for filling up of 1000 vacant posts of Graduate Teacher in High Schools and High Madrassa Schools of different districts of Assam, the petitioners being qualified for the same, applied in the district of Morigaon. Thereafter, the respondent No.2 had constituted a District Level Advisory Board for Morigaon district on 18.06.1999, for conducting interview/selection test in the district of Morigaon. The petitioners had participated in the aforementioned interview and thereafter, except the district of Morigaon, appointment of selected candidates was made in the year 1998-1999. But no se
The court ruled that the delay in appointment does not justify denying the Old Pension Scheme benefits to petitioners, ensuring equal treatment under Article 14.
The main legal point established in the judgment is that the right to be governed by a pension scheme is determined by the date of commencement of the recruitment process, and delay in appointment du....
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
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....
Point of Law : If the provisions of New Defined Contribution Pension Scheme as such is made applicable to the petitioners when there is clearly a reasonable classification with an intelligible differ....
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