Court No. - 36
Case :- WRIT - A No. - 11906 of 2020 Petitioner :- Vinod Singh Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed for the following relief:-
"Issue a writ order or direction in the nature of mandamus commanding the respondents to include the petitioner under Old Pension Scheme as provided in Rules 1961 before amendment and be given all consequential benefits."
Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Nalkoop Mistri on 29.01.2005. Thereafter the matter was linger before this Court and a favourable order was passed on 25.11.2008, whereby the petitioner was get appointment letter and joined on the same post on 06.03.2008. He further submits that the petitioner is entitled for Old Pension Scheme as his result was declared on 29.01.2005.
However, learned counsel for the petitioner has not able to dispute the fact that date of appointment is 06.03.2008, when New Pension Scheme was enforced ( N.P.S. was enforced on 01.04.2005). The relevant date for deciding the applicability of Pension Scheme would be the date of actual appointment which is admittedly 06.03.2008, when New Pension Scheme was enforced.
Therefore, no case is made out hence, the writ petition is dismissed.
Order Date :- 6.1.2021 A.Dewal