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2021 Supreme(All) 304

IRSHAD ALI
U. P. Senior Basic Shiksha Sangh – Appellant
Versus
State of U. P. through Principal Secretary Basic Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.B. Pandey, Dr. Lalta Prasad Mishra, Girish Chandra Verma, Rohit Tripathi.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri L.P. Misra, learned counsel assisted by Sri G.C. Verma, Sri Vinay Mishra, Sri Pt. S. Chandra, Sri Hari Prakash Yadav and Sri K.M. Shukla, learned counsel for the petitioner and Sri Alok Sharma, learned Additional Chief Standing Counsel for the respondent State, Sri Ajay Kumar, Sri Neeraj Chaurasiya, Sri Vindhyawasini Kumar, Sri Prashant Arora, Sri J.B.S. Rathour and Sri P.K. Bishen, learned counsel for the respondents.

2. This is a bunch of 66 writ petitions. Facts of all the connected writ petitions are same and is in regard to claim of Old Pension Scheme (OPS), therefore, this bunch of writ petitions is being decided by means of a common order treating Writ Petition No. 3458 (S/S) of 2009 to be leading writ petition.

3. Brief fact of the case is that several senior basic level institutions were established during year 1989-1998 in which teaching and non teaching staff were appointed. The Government has discontinued the monthly pension scheme vide order dated 28.03.2005 and w.e.f. 01.04.2005 placed a new contributory pension scheme to new recruits. The government order issued by the State Government on 28.03.2005 has laid down New Pension Scheme

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