SHEELDHAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the material brought on record.

(2.) The issue involved in the above-captioned petitions concerns applicability of New Pension Scheme to the Assistant Teacher/ Head Master employed in Primary Schools in the State who admittedly joined after 1/4/2005. The entire controversy revolves around the notification/Government Order dtd. 28/3/2005, which is under challenged in the above-captioned writ petitions, issued by the State Government in relation to adoption of Defined Contribution Pension Scheme on the lines of the Government of India notification as well as consequential orders issued by the authorities of the State/Basic Education Officer concern in furtherance of the aforesaid Government Order dtd. 28/3/2005 for proper implementation of the Defined Contribution Pension Scheme in place of existing Old Pension Scheme.

(3.) Apparently, by the Government Order dtd. 28/3/2005, the State Government has mandated that w.e.f. 1stof April, 2005, the new Defined Contribution Pension Scheme (hereinafter referred to as "New Pension Scheme") would compulsorily apply to all new recruits to the service of the State Government and of all State controlled autonomous and State-aided private educational institutions, where the existing pension scheme is patterned on the scheme for Government employees and is funded by the consolidated fund of the State Government.