MUKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the State.

(2.) The petitioners have challenged the order dated 07.03.2019 passed by the Director-in-Chief (Disease Control), Health Services, Bihar, Patna contained in letter No. 408(4), whereby the request of the petitioners for being included in the old pension scheme has been rejected.

(3.) After several rounds of litigations, the Government of Bihar in the Health Department realized the necessity of advertising regular posts of Pharmacists vide Advertisement No. 22/Pharma-1/99 dated 25.01.2000. The applications were invited for 1059 posts of Pharmacists. Against the aforesaid advertisement, the petitioners had applied. However, before the appointment process would be concluded, the State of Bihar got bifurcated and a separate State, namely, State of Jharkhand was created. The old pension scheme applicable to the employees of the State Government was done away w.e.f. 01.09.2005 and a new pension scheme, namely, Contributory Provident Fund Scheme came into existence. This presupposes that any appointee after 01.09.2005 was covered under the aforesaid scheme and not the old scheme.