S. SIVASHANMUGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The rejection of the claim of the writ petitioner for grant of benefit of Old Pension Scheme, is under challenge in the present writ petition.

(2.) All the petitioners were admittedly appointed from the year 2005 onwards. Some of the petitioners were appointed in the year 2006, 2007 and 2008 also. Admittedly, all the writ petitioners were appointed after the cut off date of 1/4/2003, the date on which the new Contributory Pension Scheme came into force.

(3.) The learned counsel for the petitioners relying on the Office Memorandum No.5705/05/2021-P&PW(B) dtd. 3/3/2023, Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners' Welfare, New Delhi dtd. 23/3/2023 states that the Government of India clarified that in respect of Recruitment Notification issued, prior to 22/12/2003, employees appointed after the cut off date of 1/1/2004 are also eligible to exercise their option for Old Pension Scheme.