Case Note & Summary
The petitioner, Neel Rameshchandra Patel, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court seeking quashing of the action of respondent authorities in not applying the old pension scheme to him and for a direction to open a GPF account. The petitioner was appointed on compassionate basis after 01.04.2025, and the respondents denied him the benefit of the old pension scheme based on a communication dated 08.08.2025 and instructions dated 24.07.2025. The petitioner also sought modification of Government Resolution dated 08.11.2024 to extend its benefit to compassionate appointees. The court, after hearing learned advocate Mr. Rohan Majmudar for the petitioner and learned AGP Mr. Henil Shah for the respondents, allowed the petition. The court directed the respondents to consider the petitioner's representation and apply the old pension scheme, and to open a GPF account for the petitioner. The court held that the Government Resolution dated 08.11.2024 should be interpreted liberally to include compassionate appointees, and the cut-off date of 01.04.2025 should not be applied rigidly to deny benefits to those appointed on compassionate grounds.
Headnote
A) Service Law - Compassionate Appointment - Old Pension Scheme - Government Resolution dated 08.11.2024 - The petitioner, appointed on compassionate basis after the cut-off date of 01.04.2025, sought extension of old pension scheme benefits. The court held that the Government Resolution dated 08.11.2024, which extended the old pension scheme to employees appointed prior to 01.04.2025, should be interpreted liberally to include compassionate appointees. The court directed the respondents to consider the petitioner's representation and apply the old pension scheme, and to open a GPF account for the petitioner. (Paras 1-9)
Issue of Consideration
Whether the petitioner, appointed on compassionate basis after 01.04.2025, is entitled to the benefit of the old pension scheme under Government Resolution dated 08.11.2024?
Final Decision
The petition is allowed. The respondents are directed to consider the petitioner's representation and apply the old pension scheme, and to open a GPF account for the petitioner.
Law Points
- Compassionate appointment
- Old pension scheme
- Government Resolution interpretation
- Cut-off date
- GPF account
