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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Dimbeswar Barua, S/o. Champaram Barua – Appellant
Versus
State Of Assam Rep. By The Comm. And Secy. Revenue And Disaster Management Deptt. – Respondent
| Table of Content |
|---|
| 1. procedural history of selection, delayed appointment, and introduction of the new pension scheme. (Para 3 , 4 , 5 , 6) |
| 2. prior litigation, judicial precedent regarding service conditions, and administrative representations for pension parity. (Para 7 , 8 , 12) |
| 3. conflicting interpretations on whether pension eligibility is governed by selection date vs. appointment date and applicability of precedent. (Para 9 , 10 , 11) |
| 4. mandate for administrative review of pension eligibility based on previous court orders and specific case facts. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
SHAMIMA JAHAN, J.
Heard Mr D Das, learned Senior Counsel, assisted by Mr S Das, for the petitioners and Mr D Mazumdar, learned Senior State Counsel, assisted by Ms. S. Nath learned counsel for the State Respondents.
2. By filing this application under Article 226 of the Constitution of India, the petitioner has prayed for allowing them to get the benefits under theAssam Service (Pension) Rules, 1969, and not under the New Pension Rules.
FACTS:
3. It is the case of the petitioners that an advertisement was issued on 18.09.1998, calling for applications from the intending candidates, who had passed the Assa
Candidates selected for government service prior to the implementation of a new pension scheme are entitled to the benefits of the old pension scheme if the delay in their appointment is attributable....
Review jurisdiction is limited to correcting errors manifest on the face of the record or considering newly discovered evidence. It cannot be used as an appeal in disguise to re-argue merits or corre....
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....
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....
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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