JUDGMENT :

1. Whether, delay in selection for appointment, ipso facto, can be a ground to apply pension scheme applicable on the date of issuance of advertisement, for such selection, notwithstanding specific stipulation in the pension rules specifying date of entry in the service to be determinative of its applicability is the question that arises for consideration in this case.

2. Admitted facts in the context of which the above question arises for consideration are that an advertisement came to be issued by the U.P. Public Service Commission on 28th October, 2002 inviting applications for appointment against Combined Subordinate Services (Preliminary) Exam, 2002. Last date for making application as per the advertisement was 28th October, 2002. The recruitment was to be held in three stages i.e. Preliminary test; Main written test and lastly the Interview. All the petitioners applied against the advertisement and cleared the preliminary examination conducted on 30th March, 2003. Main Written Examination followed between 17.8.2004 to 27.8.2004, wherein also the petitioners qualified. Interview was conducted by the Commission between 9.5.2005 to 28.5.2005. The final select list was p