Case Note & Summary
The petitioners, 56 Clerks working on the establishment of the Bombay High Court, Appellate Side, filed a writ petition seeking a declaration that they are governed by the Old Pension Scheme in vogue prior to 01.11.2005 and the General Provident Fund Scheme, and that the Defined Contributory Pension Scheme (DCPS)/National Pension Scheme (NPS) introduced vide Government Resolution (G.R.) dated 31.10.2005 should not be applied to them. They also sought a declaration that the Notification issued by the High Court on 21.04.2008, making applicable the provisions of G.R. dated 01.11.2005 to the staff of the High Court and subordinate courts, would apply prospectively from 21.04.2008 and not to them. The facts reveal that on 20.06.2005, an advertisement was issued by the Registrar General of the High Court for filling up 48 posts of Clerks in the pay scale of 3050-4590, with the last date for submission of applications being 11.07.2005. The petitioners applied in response to this advertisement. The Government Resolution introducing the new pension scheme was dated 31.10.2005, and the High Court's notification adopting it was dated 21.04.2008. The court considered the issue of whether the petitioners, who applied before the cut-off date of 01.11.2005, should be covered by the old pension scheme. The court held that since the recruitment process had commenced prior to the cut-off date, the petitioners were entitled to the old pension scheme. The court directed that the High Court's notification of 21.04.2008 would apply prospectively and not to the petitioners. The petition was allowed, and the respondents were directed to extend the benefits of the old pension scheme to the petitioners.
Headnote
A) Service Law - Pension - Old Pension Scheme vs. New Pension Scheme - Applicability - The petitioners, who applied for Clerk posts pursuant to an advertisement issued on 20.06.2005, were held to be governed by the Old Pension Scheme in vogue prior to 01.11.2005, as the recruitment process had commenced before the cut-off date of 01.11.2005. The High Court's Notification dated 21.04.2008 making the Government Resolution of 31.10.2005 applicable to its staff was directed to apply prospectively from 21.04.2008 and not to the petitioners. (Paras 1-3)
Issue of Consideration
Whether the petitioners, who applied for the post of Clerk in response to an advertisement issued on 20.06.2005, are governed by the Old Pension Scheme in vogue prior to 01.11.2005 or by the Defined Contributory Pension Scheme/National Pension Scheme introduced vide Government Resolution dated 31.10.2005.
Final Decision
The petition is allowed. The respondents are directed to extend the benefits of the Old Pension Scheme to the petitioners. The High Court's Notification dated 21.04.2008 shall apply prospectively from 21.04.2008 and not to the petitioners.
Law Points
- Pension Scheme
- Old Pension Scheme
- Defined Contributory Pension Scheme
- National Pension Scheme
- Government Resolution
- Prospective Application
- Recruitment Process
- Cut-off Date
