SANJEEV KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this petition the petitioner has claimed that action of the respondent in treating him to be covered under New Pension Scheme is illegal.

(2.) Brief facts of the case are that the petitioner was employed in the Chaudhary Charan Singh Haryana Agriculture University, Hisar in the year 1995 on ad-hoc basis and his services were regularised with effect from 1.10.2003. By order dated 29.06.2005 the Vice Chancellor of the Chaudhary Charan Singh Haryana Agriculture University counted his ad hoc service for the purpose of pension since that had been followed by uninterrupted regular service. Haryana Staff Selection Commission invited applications for the post of Veterinary and Livestock Development Assistnat, the petitioner applied for the same through proper channel and was selected and appointed on 14.6.2006. However after the new joining the petitioner was not allowed to maintain his old GPF account and was informed that he would be covered under New Pension Scheme. Hence this petition.

(3.) Learned counsel for the petitioner primarily relied upon Annexure P-14 which is a letter written by The Financial Commissioner and Principal Secretary to Government, Haryana, Finance Department on 12.10.2010 whereby it was clarified that those employees who were working in State Autonomous Body/Statutory Body prior to the introduction to the New Pension Scheme were thereafter would continue by the old pension scheme. In the written statement the plea which had been taken stipulates that the benefit of this letter would be applied only to those employees who were covered by pension and would not be available to those employees who were not covered by pension scheme. It was further averred that the post on which the petitioner has been working in the Chaudhary Charan Singh Haryana Agriculture University was a non-pensionable.