Delays in appointing candidates due to state inaction invalidate their placement under the new pension scheme, permitting claims to the old scheme benefits.

JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Kailash Nath Singh, learned counsel for the petitioner and Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar, learned Additional Chief Standing Counsel for the respondents.

2. Since the controversy involved in the aforesaid writ petitions are identical, therefore, all writ petitions are being decided together with this common judgment.

3. For convenience, the facts are being delineated from Writ (A) No. 18197 of 2021.

4. The petitioners by means of the present writ petition have prayed for the following relief:

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioner Nos. 3 to 8 and similarly situated other Lekhpals whose selection and training were completed in the Session year 2003-04 upto August, 2004, prior to 01.04.2005 on the date enforcement of New Pension Scheme and same may be treated as governed by the Old Pension Rules.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to make a regular deduction towards General Provident Fund (under Old Pension Rules) instead of deduction in terms of new Pension Scheme regularly every month from the salary of the petitioners.

(iii) Issue any other suitable writ order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case to meet the end of justice.

(iv) Award the cost of the writ petition to the petitioners.”

5. The facts in brief are that petitioner no. 1 is an organisation of the Government of Uttar Pradesh Employees (hereinafter referred to as ‘Sangh’) posted in the revenue department on the post of Lekhpal. The petitioner no. 2 being Treasurer has been authorised by the Sangh to file the present writ petition. The petitioners nos. 3 to 8 are also members of the Sangh and are working as Lekhpal in different districts and are entitled to the relief prayed for in the writ petition.

6. The post of Lekhpal is a Non-Gazetted Subordinate Service (Group-C) post and comes under the revenue department. The service conditions of the Lekhpal are governed by the U.P Lekhpal Service Rules, 1958 (hereinafter referred to as ‘Rules, 1958’).

7. It appears that the Board of Revenue wrote a letter to the District Magistrates of different districts to make the appointment for the post of Lekhpal. In pursuance of the said letter, the District Magistrates started selection proceedings and issued an advertisement in respect to their districts. An Advertisement No. 492/7-Bhulekh dated 04.02.1999 was issued by the District Magistrate, Shahjahanpur inviting applications for selection for recruitment against 32 posts of Lekhpal in District Shahjahanpur. Similarly, the District Magistrate, Jaunpur issued an Advertiseme