V JEEVA Vs. STATE OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, DIRECTOR OF SCHOOL EDUCATION, JOINT DIRECTOR OF SCHOOL EDUCATION (PERSONNEL), CHIEF EDUCATIONAL OFFICER, VELLORE, VELLORE DISTRICT

JUDGEMENT

(1.) The petitioner has come forward to challenge an order dated Nil (October 2009) and received by the petitioner on 20.10.2009. By the said order passed by the second respondent Director of School Education, the petitioner was informed that as per the Government letter, dated 7.10.2009, the new pension scheme will apply to the petitioner and that he is not eligible to be covered by the old pension scheme. Hence he cannot be given any GPF number. The impugned order came to be passed on the petitioner filing a writ petition earlier in W.P. No. 7515 of 2009, wherein this court had directed the petitioner's representation dated 12.1.2009 to be considered in accordance with law.

(2.) This writ petition was admitted on 24.11.2009. Pending the writ petition, this court had declined to grant any interim relief and hence the application for interim relief was rejected on 16.7.2010.

(3.) On notice from this court, the second respondent has filed a counter affidavit, dated Nil (2010) together with supporting documents. It must be noted that the State Government by G.O.Ms. No. 259, Finance (Pension) Department, dated 6.8.2003 had introduced a new contributory pension scheme for employees who were recruited on or after 1.4.2003 and that the old pension rule will not apply. Subsequently, an another Government Order was issued in G.O. No. 430, Finance (Pension) Department, dated 6.8.2004 stating that the persons who have joined on or after 1.4.2003 become members of the new contributory pension scheme and 10% of their basic pay and DA would be deducted from the salary of the Government employees towards the scheme.