ASHOK KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have approached this Court for a direction to the respondents not to give effect to the New Pension Scheme as notified under memo no. 690 dated 03.03.2006 of the Finance Department, whereby it has been declared that the persons appointed on or after 01.09.2005 shall only be entitled to New Pension Scheme, namely, Contributory Provident Fund Scheme in terms of an Extra Gazette Notification No. 614 dated 18.11.2005.

(2.) It has been submitted that the appointments of the petitioners is against a panel which was prepared pursuant to an Advertisement No. 01/1990 and, therefore, even if the appointment letters were issued to the petitioners after 01.09.2005, the same principle would apply which was applicable to the candidates who were appointed out of the same panel pursuant to the same advertisement but prior to 01.09.2005.

(3.) A brief background of the cases of the petitioners need be stated.