IMPORTANT POINT
Delays in administrative processes should not result in discrimination against individuals entitled to benefits under pension schemes.

ORDER :

(Subodh Abhyankar, J.) :

Heard finally, with the consent of the parties.

2. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the inaction on the part of the respondents to grant the pensionary benefits under old pension scheme to the petitioner, holding him to be an appointee prior to 1-1-2005.

3. In brief, the facts of the case are that the petitioner participated in an advertisement dated 19-6-2004, and was selected on the post of Guard and was allotted District Dhar vide letter dated 24-8-2004. Subsequent to his selection, the petitioner also submitted his documents for verification before the respondent No. 2 Superintendent of Police – Dhar, who, vide his letter dated 25-8-2004 directed the petitioner to submit all the relevant documents within three days time and also fill up the verification Form and submit it before the Authority. The aforesaid Form was submitted by the petitioner in the Office of Superintendent of Police, Dhar on 2-9-2004 and subsequently, petitioner’s character verification report was also submitted to the Office of S. P. Dhar on 12-9-2004. However, as the petitioner was also residing at District Bhind, hence, the S. P. Dhar also sent a letter dated 3-9-2004 to S. P. Bhind for verification of the petitioner’s character. However, S. P. Bhind, did not file the character verification report and, hence, reminder was also sent to him on 27-12-2004 and 13-1-2005. However, S.P. Bhind vide his letter dated 18-1-2005, informed the S.P. Dhar that he has not even received the documents referred in his letter. Thus, another set of documents were sent by S.P. Dhar to S.P. Bhind for verification on 20-1-2005, and S.P. Bhind subsequently sent the character verification report on 31-1-2005 and thereafter the appointment order was issued to the petitioner on 16-2-2005.

4. The grievance of the petitioner is that during this period upto 16-2-2005, all the other selected candidates for post of Constable have already been issued the appointment letter in the months of November and December, 2004 itself, and such candidates already joined their duties in the months of November and December, 2004 and have been granted the benefits of Madhya Pradesh Civil Services (Pension) Rules, 1976 (in short ‘the Pension Rules of 1976’). However, as the petitioner’s appointment was made on 16-2-2005, i.e., after more than 6 months time from the initial date of his selection, he is not granted the benefit of the Pension Rules of 1976. The petitioner has also brought on record the Circular dated 13-4-2005, regarding implementation of Scheme of Contributory Pension Scheme in place of the Pension Rules of 1976.

5. Counsel for the petitioner has drawn the attention of this Court to the Clarification issued by the State Government vide order dated 17-10-2006, directing all the concerned Department that those persons, who have been appointed prior to 1-1-2005 shall be entitled to get the benefits under the Pension Rules of 1976, and the benefit shall also be extended to such persons, who were already in service of the State Government, however, their appointments have been made after 1-1-2005 and on such employees, the Contributory Pension Scheme shall not be applicable as per the Circular dated 13-4-2005???. Counsel has also drawn the attention of this Court to the query, which was made by the respondents vide their letter dated 18-3-2005, as to whether the petitioner shall be entitled to get the benefits of Old Pension Scheme (OPS).

6. Counsel has submitted that the petitioner has been deprived of the old pension scheme only because his appointment letter has been issued on 16-2-2005, despite the fact that the petitioner had already submitted his documents for verification on 2-9-2004 and subsequent documents were also sent by the S.P. Dhar, to S.P. Bhind on 3-9-2004. Thus, from 3-9-2004 to 1-1-2005 there were around 5 months available to the respondents to verify the aforesaid documents,