Back
J. J. MUNIR
Gaurav Kumar – Appellant
Versus
Bank of Baroda through Chairman and Managing Director – Respondent
| Table of Content |
|---|
| 1. entitlement to pension benefits depends on appointment date. (Para 1 , 2) |
| 2. petitioner's appointment and correspondence details. (Para 3 , 4 , 5 , 6) |
| 3. court's disapproval of bank's cancellation of appointment. (Para 7 , 8 , 9 , 10) |
| 4. petitioner seeks seniority and benefits from the date of appointment. (Para 11 , 12) |
| 5. counsel's arguments regarding ops and nps applicability. (Para 14 , 15) |
| 6. legal representation emphasized entitlement to pension schemes. (Para 17 , 18) |
| 7. legal interpretations regarding appointment and pension scheme. (Para 19 , 20 , 21) |
| 8. differing applications of law based on the timing of appointments. (Para 22 , 23 , 24) |
| 9. current rulings affecting pension rights of newly appointed employees. (Para 25 , 26 , 27 , 31) |
| 10. court's acknowledgment of the petitioner's position and previous rulings. (Para 30 , 32 , 36) |
| 11. mandamus issued for recognition of rights based on historical appointment. (Para 37) |
| 12. court allows petitioner's claim for ops benefits due to appointment date. (Para 38 , 39) |
| 13. final orders and communication instructions for compliance. (Para 40 , 41) |
JUDGMENT :
HON'BLE J.J. MUNIR, J.
The question involved in this petition is if th
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....
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.
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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 ....
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
