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Judgment
Justice L. Narasimha Reddy: The applicants responded to a notification issued in the year 2002 for appointment to the post of teachers. However, their appointment was delayed beyond 01.01.2004. They submit that the delay was not on account of any fault on their part, and the respondents are not extending the benefit of old Pension Scheme which was in existence up to 01.01.2004.
Reliance is placed upon several orders. In this OA, the applicants claim not only the benefit of the GPF which existed prior to 01.01.2004 but also claimed the relief of seniority and fixation of their pay on par with their juniors w.e.f. 01.07.2003 in connection with the said advertisement.
Today, we heard Mr. Ranjit Sharma, leaned counsel for the applicants and Mr. R.K. Jain, learned counsel for the respondents.
With effect from 01.01.2004 a new pension scheme was introduced and the old scheme of pension was discontinued. The advertisement was issued before that date but the appointments of the applicants took place much later. The uncertainty that prevailed in this behalf was resolved through various judgments to the effect that irrespective of the date on which the appointment took place, the benefit under old pension scheme shall be available in case the posts were advertised before that date. The applicants are entitled for that benefit.
However, the applicants also made a claim for fixation of their scale of pay w.e.f. 01.07.2003 and for consequential benefits. That is totally untenable. It may be true that in some cases directions were issued and orders of implementation were also passed, the fact, however, remains that the delay in those cases was in connection with OBC certificates etc. The Hon’ble Supreme Court in K. Meghachandra Singh vs. Nigam Siro and others, Civil Appeal No.8838of 2019 decided on 19.11.2019, held that no person shall be entitled to claim any benefit with reference to any date, anterior to the one of his appointment.
We, therefore, partly allow the OA, directing that the applicants shall be covered by the old pension scheme that existed before 01.01.2004 and rejecting rest of the reliefs claimed. All ancillary applications shall stand disposed of There shall be no order as to costs.