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2023 Supreme(All) 1623

OM PRAKASH SHUKLA
Sheeldhar Singh – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Basic Edu. Anubhag Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vinod Kumar Singh, Vivek Srivastava
For the Respondent: Ajay Kumar, Ran Vijay Singh

JUDGMENT :

(1) Heard learned Counsel for the parties and perused the material brought on record.

(2) The issue involved in the above-captioned petitions concerns applicability of New Pension Scheme to the Assistant Teacher/ Head Master employed in Primary Schools in the State who admittedly joined after 01.04.2005. The entire controversy revolves around the notification/Government Order dated 28.03.2005, which is under challenged in the above-captioned writ petitions, issued by the State Government in relation to adoption of Defined Contribution Pension Scheme on the lines of the Government of India notification as well as consequential orders issued by the authorities of the State/Basic Education Officer concern in furtherance of the aforesaid Government Order dated 28.03.2005 for proper implementation of the Defined Contribution Pension Scheme in place of existing Old Pension Scheme.

(3) Apparently, by the Government Order dated 28.03.2005, the State Government has mandated that w.e.f. 1st of April, 2005, the new Defined Contribution Pension Scheme (hereinafter referred to as “New Pension Scheme") would compulsorily apply to all new recruits to the service of the State Government an

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