1. Petitioner along with other similarly situated has been appointed as Naib Tehsildar vide Order No. 66 of 2010 dated 30th April, 2010.

2. The contention of the petitioner is that effective date of his appointment should have been 20th November, 2009, so that petitioner would be governed by the old Pension Scheme.

3. The precise factual background so as to appreciate the controversy is that three advertisement Notices: 1 of 2002, 09 of 2005, 04 of 2008 were issued inviting applications from the eligible candidates for being considered for the posts of Naib Tehsildar State Cadre. The prescribed qualification prior to June 2003 for the said post was "Graduation". On 3rd June, 2003, SRO 178 has been issued in terms whereof Schedule appended to the Jammu and Kashmir Revenue (Subordinate) Service Recruitment Rules, 1973 was amended, in terms whereof qualification has been prescribed as "Graduation having passed Matric in Urdu as one of the subjects".

4. When the advertisement Notices were issued, the qualification prescribed therein is "Graduation". When the respondent-Board completed the process of selection, list of selected candidates was submitted to the Government. Vide Gov#31;ernmen

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