Back
IN THE HIGH COURT OF ALLAHABAD
J.J. MUNIR, J.
Nirupama Malviya – Petitioner
Versus
State of U.P. and Others – Respondents
Writ (A) No. 67274 of 2015
Decided On : 19-10-2023
Mandamus - Pension Scheme - Uttar Pradesh Secondary Education Service Selection Board - 1998 Rules - Old Pension Scheme - New Pension Scheme - Allocation of Institution - Delay in Appointment - Right to Pension - Enforcement of Appointment - Judicial Intervention - Crystallization of Rights - Recruitment Process - Cut-off Date - Inaction of Authorities - High Court Decisions - Supreme Court Approval - Mandamus Issued
Fact of the Case:
The petitioner, Nirupama Malviya, sought mandamus to be placed under the old pension scheme and receive its benefits, as she was selected and directed to be appointed as a Lecturer in Economics by the Uttar Pradesh Secondary Education Service Selection Board before the introduction of the new pension scheme. The delay in her appointment was attributed to the inaction of the Selection Board and the resistance of college managements.
Finding of the Court:
The court found that the petitioner's right to be governed by the old pension scheme was traceable to the date of commencement of the recruitment process and the date of allocation of the institution. The court held that the petitioner's rights had crystallized before the cut-off date for the new pension scheme and that she was entitled to be treated under the old pension scheme.
Issues: The issues involved the petitioner's entitlement to the old pension scheme, the impact of delay in appointment on her rights, and the inaction of the authorities in enforcing her appointment.
Ratio Decidendi: The court held that the petitioner's right to be governed by the old pension scheme was determined by the date of commencement of the recruitment process and the date of allocation of the institution. The court emphasized that the delay in appointment, caused by the inaction of the authorities, should not deprive the petitioner of her legitimate right to the old pension scheme.
Final Decision: The court issued a mandamus to the respondents, commanding them to treat the petitioner under the old pension scheme and ensure deduction/payments of contributions towards retiral benefits for the petitioner accordingly.
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition has been instituted by Nirupama Malviya praying that a mandamus be issued, commanding the respondents to place the petitioner under the old pension scheme and provide all benefits of that scheme, treating her to be placed/appointed on 25.11.2004 as a Lecturer in Economics (General Category) in terms of the order of the Secretary, Uttar Pradesh Secondary Education Services Selection Board, Allahabad dated 25.11.2004. A further direction has been sought commanding the respondents to deduct the requisite sum of money from the petitioner’s salary in the same manner as in the case of any other lecturer, serving under the old pension scheme.
2. The facts giving rise to this petition merit a brief reference. The Uttar Pradesh Secondary Education Service Selection Board, Allahabad (for short ‘the Selection Board’) advertised various posts of Lecturers in the subject of Economics to be filled up through direct recruitment vide Advertisement No. 1 of 2003 for girls colleges, recognized by the State Government and managed by private managements. The petitioner applied for the post of a lecturer in response to the advertisement. The petitioner sat the written examination held by the Selection Board on 03.08.2003 at the Colonelganj Inter College, Allahabad. The result of the written examination was declared on 26.09.2004 and duly published in newspapers. The petitioner was declared successful. The petitioner’s roll number was 020811333. The Selection Board invited the petitioner to interview vide call letter dated 08.10.2004, the interview being scheduled on 29.10.2004, along with educational testimonials in original, besides other necessary documents, mentioned in the call letter. The petitioner appeared at the interview. The Selection Board drew up and published a panel of selected candidates, mentioning their names and the colleges where they had been placed vide notification dated 01.12.2004 issued by the Secretary to the Selection Board. The petitioner was shown to be placed with the Sanatan Dharm Kanya Inter College, Sadar, Meerut.
3. Upon allotment of the college, the petitioner went to the Sanatan Dharm Kanya Inter College, Meerut to join her duties. The Principal of the college, however, refused to accept her joining report, saying that she is in need of a lecturer in Economics and Sociology. The District Inspector of Schools-II, Meerut issued a memo dated 25.01.2005 to the Secretary of the Selection Board, regarding the petitioner's absorption. The District Inspector of Schools intimated the Secretary of the Selection Board that the Principal of the Sanatan Dharm Kanya Inter College, Meerut had intimated him of the fact that she has the requirement for a lecturer in Economics and Sociology. It was, therefore, not possible to post the petitioner with the said college. It was also recommended that the petitioner be adjusted in some other institution or district, and that for the institution, a candidate be sent, who is a lecturer in Economics and Sociology. The petitioner then sent an application to the Secretary of the Selection Board dated 27th January, 2005, requesting that she may be placed with some institution in District Allahabad or Lucknow.
4. The State Government issued a Government Order No. lk&3&379@nl&2005&301¼9½&2023 dated 28th March, 2005, introducing the contributory pension scheme, instead of the pension-cum-general provident fund scheme. The contributory pension scheme was introduced for new recruitments made after 1st April, 2005 as the Government Order dated 28th March, 2005 shows. The Secretary of the Selection Board on 07.07.2005 allotted the Janta Girls Inter College, Alam Bagh, Lucknow to the petitioner. The petitioner went to the Janta Girls Inter College, Alam Bagh, Lucknow to join duties. The petitioner was, however, not permitted to join by the said college on the ground that one Smt. Anita Singh, Assistant Teacher with the Janta Inter College aforesaid had file
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....
Delays in appointing candidates due to state inaction invalidate their placement under the new pension scheme, permitting claims to the old scheme benefits.
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 employees appointed in fully aided posts prior to 01-11-2005 are entitled to the benefit of the Old Pension Scheme, regardless of the date of ....
The delay in the appointment process did not entitle the petitioners to the benefits of the old pension scheme, and the 1969 Circular was not binding to support their claim.
Autonomous bodies adopting Central NPS must apply OM dated 03.03.2023, granting old pension option to employees from pre-22.12.2003 advertisements despite post-01.01.2004 joining.
The option to continue the old pension scheme should be extended to those who participated in the selection process before the crucial date but received appointment letters after that date. Retrospec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
