Employees selected through an advertisement and recruitment process completed prior to the implementation of the New Pension Scheme (01.09.2005) are entitled to opt for the Old Pension Scheme, provided any delay in joining was authorized by the competent authority and not due to their own fault.

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-04-2026

This Letters Patent Appeal has been filed by the State of Bihar challenging the order dated 30.08.2024 passed by the learned Single Judge in C.W.J.C. No. 12495 of 2024 setting aside the impugned order dated 18th March, 2024, passed by the Principal Secretary, General Administration Department, Government of Bihar as well as giving liberty to the writ petitioner to exercise his option as to whether he wanted to be governed under Old Pension Scheme or New Pension Scheme, within a period of 15 days from the date of passing of the order.

2. The writ petitioner approached this Court by filing the aforesaid writ petition seeking for the following relief(s):

“i. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No. 4685 dated 18.03.2024 issued under the signature of respondent no. 2 whereby and where under the respondent authorities have rejected the representation filed by the petitioner to grant the benefit of Old Pension Scheme under the Bihar Pension Rules, 1950 in place of New Contributory Pension Funds Scheme as the writ petitioner was initially appointed District Audit Officer on 04.05.2005 prior to his selection and appointment to the post of Deputy Collector on 14.08.2009 and therefore ought to have been covered under the Old Pension Scheme.

ii. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to grant the benefit of Old Pension Scheme under the Bihar Pension Rules, 1950 to the writ petitioner in place of New Contributory Pension Funds Scheme as the writ petitioner was initially appointed District Audit Officer on 04.05.2005 prior to his selection and appointment to the post of Deputy Collector on 14.08.2009.

iii. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to ensure opening of G.P.F. Account and deduction of G.P.F. Account from the date of appointment of the writ petitioner after deducting the contributions made under the New Pension Scheme.”

3. The writ petitioner had initially participated in the selection process conducted by Uttar Pradesh Public Service Commission in the year 2001 and was selected and appointed as District Minority Welfare Officer vide order dated 16.08.2004 and submitted his joining on 09.09.2004. Thereafter, he participated in the 44th Combined Competitive Examination conducted by the Bihar Public Service Commission for which advertisement was issued on 09.07.2000 and he was declared successful and appointed to the post of District Audit Officer vide Memo No. 831 dated 04.05.2005. Twenty candidates were selected to such post and the writ petitioner’s rank was 11. The writ petitioner, on receiving the appointment order dated 04.05.2005, requested the Government of Bihar vide letter dated 16.05.2005 for two months’ time to join as he was already in Government service and it would take some time for him to be relieved. The relieving order was issued by the Department of Minority Welfare, Government of Uttar Pradesh on 16.06.2005 since the writ petitioner was interested to join the services under the Government of Bihar. The writ petitioner was directed to hand over the charges of the District Minority Welfare Officer, Basti, which he handed over and then sought for one month’s time vide letter dated 18.07.2005 due to personal and family reasons.

The writ petitioner, in the meantime, was also selected for appeari