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Uttarakhand High Court · body

2014 DIGILAW 44 (UTT)

DEVENDRA PRASAD v. STATE OF UTTARAKHAND

2014-02-18

ALOK SINGH

body2014
JUDGMENT Hon’ble Alok Singh, J. (Oral) Applications were invited for Special BTC Training vide Notification dated 23.08.2004. Petitioners applied and were selected for Special BTC training course and thereafter, they underwent Special BTC Training and ultimately, they were appointed on the post of Assistant Teacher in the month of October 2005. Meanwhile, State Government vide Notification dated 25.10.2005 made a provision that Government Servants shall not be entitled for regular pension however, they shall only be entitled for Contributory Pension Scheme w.e.f. 01.10.2005. 2. Learned counsel for the petitioners vehemently argued that petitioners applied for Special BTC training course pursuant to the Notification issued on 23.08.2004 with bona fide reasonable expectation that after completion of Special BTC Training, they would join on the post of Assistant Teachers under the prevailing service conditions and would be entitled for pension, after their retirement, on attaining the age of superannuation. He further contends that Notification dated 25.10.2005 can only be made applicable from the date it was issued and should not be made applicable from the back date, otherwise, it would amount to alteration in service conditions, which were prevailing at the time of making applications for Special BTC Training. 3. On the other hand, Mr. T.A. Khan, learned Deputy Advocate General, appearing for the State of Uttarakhand, has vehemently argued that since petitioners joined their services on 06.10.2005, therefore, they would be governed by the Notification dated 25.10.2005 in view of the fact that contributory pension scheme was made applicable w.e.f. 01.10.2005. 4. In service jurisprudence, service conditions, prevailing on the date of making application for the post or in any case, on the date of appointment shall be allowed to continue. Service conditions cannot be permitted to be altered, after the joining of services, which would result to the disadvantage of the employee. In my humble opinion, candidate always applies for the post keeping in mind prevailing service conditions. Doctrine of reasonable expectation should not be allowed to be violated by altering the service conditions after appointment. 5. In my considered opinion, Notification dated 25.10.2005 cannot be allowed to be made applicable from the date prior to 25.10.2005. Since appointment letters were issued to the petitioners on 06.10.2005, in any case, prior to 25.10.2005, therefore, services of petitioners cannot be said to be governed by Notification dated 25.10.2005. Consequently, writ petition is allowed. 5. In my considered opinion, Notification dated 25.10.2005 cannot be allowed to be made applicable from the date prior to 25.10.2005. Since appointment letters were issued to the petitioners on 06.10.2005, in any case, prior to 25.10.2005, therefore, services of petitioners cannot be said to be governed by Notification dated 25.10.2005. Consequently, writ petition is allowed. Writ of Mandamus is issued commanding the respondents not to deduct amount under Contributory Pension Scheme from the salary of the petitioners and to treat the petitioners to be governed and covered by the regular pension scheme, which was prevailing on the date of appointment. Deduction, if any, already made, shall be refunded to the petitioners within four weeks positively. 6. CLMA No. 11339 of 2013 also stands disposed of.