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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Tashi Rabstan, Rajesh Sekhri, JJ.
Union Territory of J&K & Ors. – Petitioners
Versus
Talvinder Kour – Respondent
LPA No. 83 of 2021
Decided On : 06-04-2023
Pension Scheme - Applicability to Writ Petitioner - The court held that the writ petitioner shall be governed by the pension scheme which was in vogue prior to the promulgation of the new pension scheme with effect from 01.01.2010.
Fact of the Case:
The writ petitioner's services were to be governed by the pension scheme in place prior to the introduction of the new pension scheme from 01.01.2010.
Finding of the Court:
The court found that the writ petitioner, having been regularized as a General Line Teacher prior to the introduction of the new pension scheme, cannot be governed by the new scheme. The court upheld the judgment of the Single Judge and dismissed the appeal.
Issues: The main issue was the applicability of the pension scheme to the writ petitioner in light of the introduction of a new pension scheme.
Ratio Decidendi: The court's decision was influenced by the fact that the writ petitioner's substantive appointment as a General Line Teacher preceded the introduction of the new pension scheme, and the new scheme did not require actual and physical service at the time of its promulgation.
Final Decision: The court upheld the judgment of the Single Judge and dismissed the appeal, as it found no ground to take a view other than the one taken by the Single Judge.
JUDGMENT :
Tashi Rabstan, J.
1. This Letters Patent Appeal is directed against the judgment dated 29.03.2021 passed by the learned Single Judge in SWP No. 2273/2017, whereby the learned Single Judge while partly allowing the petition, held that the writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme with effect from 01.01.2010.
2. Heard learned counsel appearing for the parties, considered their rival contentions and also perused the appeal file.
3. Admittedly, the services of writ petitioner came to be reckoned by the writ respondents with effect from 07.02.2004 and as General Line Teacher with effect from 07.02.2009. As regards the grievance of writ petitioner that her services ought to be governed by the Old Pension Scheme instead of New Pension Scheme which was introduced with effect from 01.01.2010, the learned Single Judge held that the services of writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme, i.e., with effect from 01.01.2010. Against this order, the writ respondents have come in appeal.
4. After perusing the judgment of learned Single Judge we are in full agreement that since the services of writ petitioner came be regularized as a General Line Teacher, though notionally, with effect from 07.02.2009, she cannot be governed by the New Pension Scheme, which admittedly came into force with effect from 01.01.2010. Further, the New Pension Scheme does not contain any stipulation that a candidate must be in actual and physical service at the time when the New Pension Scheme came to be promulgated. Admittedly, the writ petitioner came to be substantively appointed on 07.02.2009 when her services came to be regularized as a General Line Teacher, i.e., prior to 01.01.2010.
5. Viewed thus, we do not find any ground to take a view other than the one taken by the learned Single Judge. Accordingly, while upholding the judgment of learned Single Judge, we dismiss the appeal being without any merit along with connected CM.
The main legal point established in the judgment is the applicability of the New Pension Scheme to government employees who joined the service after 01.04.2005, based on the relevant rules and regula....
The main legal point established in the judgment is the mandatory entitlement of employees joining after 01.04.2005 to the New Pension Scheme as per the notification, and the rationality of the class....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
The date of appointment is crucial in determining entitlement to pension schemes, and petitioners appointed after the introduction of a new scheme are not entitled to the old scheme.
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