LAWS(J&K)-2023-4-21

UNION TERRITORY OF J&K Vs. TALVINDER KOUR

Decided On April 06, 2023
Union Territory Of JAndK Appellant
V/S
Talvinder Kour Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dtd. 29/3/2021 passed by the learned Single Judge in SWP No.2273/2017, whereby the learned Single Judge while partly allowing the petition, held that the writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme with effect from 1/1/2010.

(2.) Heard learned counsel appearing for the parties, considered their rival contentions and also perused the appeal file.

(3.) Admittedly, the services of writ petitioner came to be reckoned by the writ respondents with effect from 7/2/2004 and as General Line Teacher with effect from 7/2/2009. As regards the grievance of writ petitioner that her services ought to be governed by the Old Pension Scheme instead of New Pension Scheme which was introduced with effect from 1/1/2010, the learned Single Judge held that the services of writ petitioner shall be governed by the pension scheme which was in vogue prior to promulgation of new pension scheme, i.e., with effect from 1/1/2010. Against this order, the writ respondents have come in appeal.