Case Note & Summary
The petitioner, Shri Snehal S/o Baburao Kuwar, filed a writ petition before the Bombay High Court at Aurangabad challenging the applicability of the Defined Contributory Pension Scheme (New Pension Scheme) to his service, pursuant to Government Resolution dated 31st October, 2005. The petitioner was appointed as a Junior Assistant by the Kavayitri Bahinbai Chaudhari North Maharashtra University (Respondent No.4) pursuant to an advertisement dated 07.08.2004. As part of the selection process, he was directed to produce documents on 12.08.2005. On 17.10.2005, he was issued an appointment order placing him on probation and granting him time up to 17.11.2005 to report for duties. The petitioner submitted a joining report dated 29.10.2005 to the Registrar of the University, but due to Diwali vacation, no authority was available to receive it. The petitioner sought a direction that the respondent authorities not make the Defined Contributory Pension Scheme applicable to him, as his appointment was prior to 31.10.2005. The learned advocate for the petitioner stated that he would not press the challenge to the Government Resolution itself, but only sought that his claim be decided in light of his appointment order and placement. The court considered the sequence of events and found that the petitioner's appointment order was issued on 17.10.2005 and his joining report was dated 29.10.2005, both prior to the cut-off date of 31.10.2005. The court held that the petitioner's appointment is prior to the cut-off date and directed the respondent authorities to consider his claim for pension under the old scheme, not the Defined Contributory Pension Scheme. The writ petition was disposed of accordingly.
Headnote
A) Service Law - Pension - Defined Contributory Pension Scheme - Cut-off Date - Government Resolution dated 31.10.2005 - The petitioner was appointed by order dated 17.10.2005 and submitted joining report on 29.10.2005, both prior to the cut-off date of 31.10.2005. The court held that the petitioner's appointment is prior to the cut-off date and directed the respondent authorities to consider his claim for pension under the old scheme, not the Defined Contributory Pension Scheme. (Paras 1-6) B) Service Law - Appointment - Joining Report - Probation - The petitioner was issued an appointment order on 17.10.2005 placing him on probation as Junior Assistant, and he submitted his joining report on 29.10.2005. The court noted that the joining report was tendered before the cut-off date, despite the University being on Diwali vacation. (Paras 4-5)
Issue of Consideration
Whether the petitioner's appointment is prior to 31st October, 2005, so as to exclude him from the applicability of the Defined Contributory Pension Scheme (New Pension Scheme) introduced by Government Resolution dated 31.10.2005.
Final Decision
The writ petition is disposed of with a direction to the respondent authorities to consider the claim of the petitioner for pension under the old scheme, not the Defined Contributory Pension Scheme, as his appointment is prior to 31st October, 2005.
Law Points
- Pension Scheme
- Cut-off Date
- Appointment Date
- Joining Date
- Government Resolution
- Defined Contributory Pension Scheme
- New Pension Scheme
