RAM NAKUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this court with the following prayer;

(2.) Shri S.P. Pandey, learned counsel for the petitioner briefly narrated the facts of the present case that;

(3.) Sri S.P. Pandey, learned counsel for the petitioner has not disputed the fact that the New Pension Scheme came into force w.e.f. 01.04.2005 and it would be mandatorly applied to all the new recruits after 01.04.2005, however, the learned counsel for the petitioner submitted that the selection process of the petitioner was over when appointment letter dated 22.03.2005 was issued and therefore, the petitioner cannot be considered as ''new recruit' for the purpose of New Pension Scheme which came into force w.e.f. 01.04.2005. Learned counsel for the petitioner further submitted that the respondent - College had not permitted him to join the service as soon as the appointment letter dated 22.03.2005 was issued and therefore, due to inaction of the respondent he was allowed to join only on 19.04.2005 when the New Pension Scheme was already enforced. Accordingly he submitted that petitioner is entitled to be governed by the Old Pension Scheme and not by the New Pension Scheme.