Court No. - 36
Case :- WRIT - A No. - 6461 of 2019 Petitioner :- Vivek Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kumar Anish,Vinay Kumar Srivastava Counsel for Respondent :- C.S.C.,Deo Dayal
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioner submits that the dispute with regard to applicability of New Pension Scheme to the teachers appointed under Dying-in-Harness Rules, prior to 1.4.2005, who had under gone training, thereafter, has been settled by this Court in a bunch of Writ Petition with the leading Service Single No.7762 of 2017 decided on 28.2.2018.
This Court has held that the teachers who were appointed under Dying-in-Harness prior to 1.4.2005 as untrained teacher, but had completed B.T.C. training after the commencement of New Pension Scheme, will be governed by the Old Pension Scheme; as New Pension Scheme is applicable only with respect to the appointment made after 1.4.2005.
The appointment letter of the petitioner was issued on 15.9.2004 i.e. prior to 1.4.2005.
Considering the said fact, it is provided that the fresh representations be made by the petitioner before respondent no.1, Secretary, Basic Education Board, U.P. Lucknow, pleading his specific grievance, who may consider the same in the light of the aforesaid decisions of this Court. An expeditious decision shall be taken, preferably, within a period of one month from the date of submission of the representations by the petitioners.
Disposed of.
Order Date :- 26.4.2019 Harshita