J U D G M E N T

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The petitioners are Assistant Section Officers / Senior Grade Assistants working under the High Court of Kerala. They seek to declare that as they are appointed on the basis of notification and rank list published prior to the date of implementation of NPS, they are not mandatorily to be included under the NPS regulated by PFRDA Act, 2013 and that they are eligible to be covered by Part III KSR as it existed on the date of Ext.P1 notification and so entitled to Statutory Pension Scheme.

2. The 4^th respondent-High Court of Kerala issued Ext.P1 notification dated 28.09.2011 inviting application for appointment to the post of Assistants. The petitioners applied for the post and qualified in the selection process consisting of written test and interview. They joined in service as Assistants on various dates between

22.05.2013 and 03.08.2015.

3. The employees under the High Court of Kerala were governed by the Kerala Service Rules (KSR) Part III Pension Scheme till 31.03.2013. The Government of Kerala issued Ext.P3 Government Order dated 07.01.2013 introducing National Pension Scheme (NPS) to the State Government employees whereunder NPS was made mandatory