N.MURUGESWARI Vs. PRINCIPAL

JUDGEMENT

(1.) The prayer in this writ petition is for a writ of Mandamus, directing the respondents to extend the benefit of Old Pension Scheme instead of New Pension Scheme which takes effect from 1.4.2003 in view of the appointment of the petitioner on 13.7.1990 prior to the cut off date 1.4.2003 in the Basic Service as Hospital Worker through Employment Exchange in the sanctioned post on full time basis in the light of the Division Bench judgment of this Court reported in 2019(4) CTC 865.

(2.) Heard Mr.S.Govindan, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents. With the consent of both sides, this writ petition is disposed of.

(3.) The petitioner claimed to have been working from 1990 at the respondent department and in this regard, he shall be entitled to claim the pension in the old pension scheme, which was in force prior to 01.04.2003 and the new pension scheme has come into effect on 01.04.2003, according to the petitioner, new pension scheme is applicable only to those who joined in service after 01.04.2003. Therefore, in this regard, according to the learned counsel for the petitioner, several judgments have been passed by this Court at various points of time. Accordingly, the petitioner's entitlement cannot be denied. Hence, request has been made in this regard by the petitioner to the respondents on 31.03.2020. If it is directed to be considered on merits and in accordance with law by taking into account all the judgments so far passed in this regard, within a time frame to be stipulated by this Court, the petitioner would be satisfied.