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2021 Supreme(UK) 393
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Anil Raj - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (S/S) No. 1695 of 2021
Decided On : 28-12-2021
Neetu Singh, Advocate, Pankaj Chaturvedi, Advocate
The main legal point established in the judgment is the court's authority to direct the consideration and decision on the petitioner's representation regarding the Pension Scheme.
Headnote:
Compassionate Appointment - Pension Scheme - The petitioner sought to be covered under the Old Pension Scheme instead of the new Pension Scheme, and requested the court to direct the respondents to consider the representation and decide the appointment under the Old Pension Scheme. The court disposed of the writ petition with a direction to consider the petitioner's representation and take appropriate decision within eight weeks.
Fact of the Case:
The petitioner was given compassionate appointment on the post of Pump Operator in Cantonment Board, Roorkee under the new Pension Scheme. The petitioner sought to be covered under the Old Pension Scheme and requested the court to direct the respondents to consider the representation and decide the appointment under the Old Pension Scheme.
Finding of the Court:
The court disposed of the writ petition with a direction to Chief Executive Officer, Cantonment Board, Roorkee to consider petitioner's representation dated 14.09.2021 and take appropriate decision, in accordance with law, within eight weeks from the date of production of certified copy of this order along with copy of representation.
Issues: The main issue was the petitioner's request to be covered under the Old Pension Scheme instead of the new Pension Scheme and the representation made to the Chief Executive Officer, Cantonment Board, Roorkee.
Ratio Decidendi: The court's decision was influenced by the petitioner's representation and the request to be covered under the Old Pension Scheme, leading to the direction for consideration and appropriate decision by the Chief Executive Officer.
Final Decision: The writ petition was disposed of with a direction to consider the petitioner's representation and take appropriate decision within eight weeks.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner was given compassionate appointment on the post of Pump Operator in Cantonment Board, Roorkee vide order dated 24. 05.2004. Since petitioner is being treated to be covered by the new Pension Scheme, which was enforced w.e.f. 01.01.2004, therefore, petitioner has approached this Court, seeking following relief:-
(a) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding & directing the Respondents to put the Petitioner's appointment dated 24.05.2004 (Annexure-3) under Old Pension Scheme as per directions of Hon'ble Supreme Court and acceptance of directions of Supreme Court by the Govt. of India in Parliament (Annexed herewith as Annexure No.-6), in the interest of justice to the Petitioner.
(b) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding and directing the Respondents to decide the Representations dated 14.09.2021 & 13.10.2021 (annexed herewith as Annexure-7 colly) by an speaking order in the light of grounds taken in this Writ Petition, in the interest of justice to the Petitioner.
(c) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding & directing the Respondents to declare the initial appointment of Petitioner deemed to have appointed immediately after directions of this Hon'ble High Court dated 19.05.2003 (Annexure-1) and hence prior to implementation of National contributory Pension Scheme (NPS), to meet ends of justice to the Petitioner.
2. It is contended by Ms. Neetu Singh, learned counsel for the petitioner that deduction from petitioner's salary was made towards Old Pension Scheme, but subsequently, deducted amount was refunded to the petitioner. Thus, according to her, petitioner is entitled to be continued in the Old Pension Scheme.
3. After arguing for a while, Ms. Neetu Singh, learned counsel appearing for the petitioner confines her prayer and submits that petitioner has made a representation on 14.09.2021 to the Chief Executive Officer, Cantonment Board, Rookee, who may be directed to take decision on petitioner's representation.
4. Accordingly, the writ petition is disposed of with a direction to Chief Executive Officer, Cantonment Board, Roorkee to consider petitioner's representation dated 14.09.2021 and take appropriate decision, in accordance with law, within eight weeks from the date of production of certified copy of this order along with copy of representation.
