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SARAL SRIVASTAVA
U. P. Lekhpal Sangh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. common judgment for similar writ petitions. (Para 1 , 2 , 3) |
| 2. petitioners' relief sought regarding old pension. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. the selection process for lekhpal positions began with recruitment ads in 1999 and culminated in extensive delays. (Para 13) |
| 4. pension rule changes affecting petitioners. (Para 14 , 15 , 16 , 18 , 19) |
| 5. state's counter-arguments regarding pension applicability. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. court's observations on delays and responsibilities. (Para 36 , 37 , 38 , 39 , 40) |
| 7. analysing legal status of selection process. (Para 41 , 42 , 43) |
| 8. court's acknowledgment of past precedents. (Para 46 , 48 , 86 , 90) |
| 9. claims to old pension considered just. (Para 89 , 91 , 93 , 124) |
| 10. delay in the recruitment process unjustly placed candidates under the new pension scheme. (Para 118) |
| 11. court mandates reinstatement of applicants to the old pension scheme due to extensive administrative delays. (Para 134) |
| 12. final court decision in favor of petitioners. (Para 137) |
JUDGMENT :
SARAL SRIVASTAVA, J.
1. Heard Sri A
Delays in appointing candidates due to state inaction invalidate their placement under the new pension scheme, permitting claims to the old scheme benefits.
Delay which had occurred during the selection process as well as the delay in issuing the appointment orders cannot be attributed to the petitioners in the absence of any explanation forthcoming from....
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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.
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....
Employees recruited via advertisements issued under OPS, with process substantially completed pre-NPS, entitled to OPS despite delayed appointments due to administrative fault; NPS inapplicable retro....
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