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2023 DIGILAW 131 (JK)

Union Territory of J&K v. Talvinder Kour

2023-04-06

RAJESH SEKHRI, TASHI RABSTAN

body2023
JUDGMENT : Tashi Rabstan, J. 1. This Letters Patent Appeal is directed against the judgment dated 29.03.2021 passed by the learned Single Judge in SWP No. 2273/2017, whereby the learned Single Judge while partly allowing the petition, held that the writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme with effect from 01.01.2010. 2. Heard learned counsel appearing for the parties, considered their rival contentions and also perused the appeal file. 3. Admittedly, the services of writ petitioner came to be reckoned by the writ respondents with effect from 07.02.2004 and as General Line Teacher with effect from 07.02.2009. As regards the grievance of writ petitioner that her services ought to be governed by the Old Pension Scheme instead of New Pension Scheme which was introduced with effect from 01.01.2010, the learned Single Judge held that the services of writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme, i.e., with effect from 01.01.2010. Against this order, the writ respondents have come in appeal. 4. After perusing the judgment of learned Single Judge we are in full agreement that since the services of writ petitioner came be regularized as a General Line Teacher, though notionally, with effect from 07.02.2009, she cannot be governed by the New Pension Scheme, which admittedly came into force with effect from 01.01.2010. Further, the New Pension Scheme does not contain any stipulation that a candidate must be in actual and physical service at the time when the New Pension Scheme came to be promulgated. Admittedly, the writ petitioner came to be substantively appointed on 07.02.2009 when her services came to be regularized as a General Line Teacher, i.e., prior to 01.01.2010. 5. Viewed thus, we do not find any ground to take a view other than the one taken by the learned Single Judge. Accordingly, while upholding the judgment of learned Single Judge, we dismiss the appeal being without any merit along with connected CM.