SHALINI TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) THE dispute in the present case is as to whether the petitioner, who had been appointed as a Lecturer on 14 July 2005 in a college pursuant to an advertisement issued by the Uttar Pradesh Higher Education Services Commission, Allahabad (the Commission), would be governed by the old 'Benefit Pension Scheme' or the new 'Contributory Pension System' which came into effect on 1 April 2005. The contention of the petitioner is that she would not be governed by the new 'Contributory Pension System' since the Commission had recommended the name of the petitioner on 24 November 2004.

(2.) THE petitioner responded to advertisement Nos.30, 31, 32 dated 26 April 2002 issued by the Commission by submitting an application for appointment as a Lecturer in B.Ed. A communication dated 14 October 2014 was sent to the petitioner for appearing before the Commission on 8 November 2004 for interview. After the interview, the Commission prepared a list dated 24 November 2004 containing the names of the candidates found suitable to be recommended. The name of the petitioner was placed at Serial No.14 of the general category candidates. Thereafter the Director of Higher Education intimated the name of the petitioner to the Management of Bareilly College, Bareilly for appointment against the vacancy intimated by it. The Management of the College then issued the appointment order dated 14 July 2005 in favour of the petitioner.

(3.) A notification dated 28 March 2005 was issued by the State Government granting approval to the proposal relating to introduction of a new defined 'Contribution Pension System' in place of the existing defined 'Benefit Pension Scheme' for new entrants to the service of the State Government and all the State controlled autonomous institutions and State aided private educational institutions where the existing pension scheme was patterned on the scheme for Government employees and was funded by the consolidated fund of the State Government. Under the new defined Contribution Pension Scheme, the employee would make a monthly contribution equal to 10% of the salary and dearness allowance and matching employer's contribution would be made by the State Government or by the concerned autonomous institution/private educational institution. The contribution and investment returns would be deposited in an account to be known as Pensioner Account. The effective date for operationalisation of the new pension scheme was notified as 1 April 2005. It was also provided that from 1 April 2005, the new defined Contribution Pension Scheme would mandatorily apply to all new recruits.