Allahabad High Court: Allahabad High Court has given an important decision on the petition issued by the assistant teacher regarding National Pension Scheme and old pension. High Court appoints Aadhar date for pension
Allahabad High Court has said in its important decision that assistant teachers appointed after the date of implementation of the New Pension Scheme (NPS) are not entitled to get the benefit of old pension. Even if his selection was made before the implementation of NPS. The division bench of Justice Mahesh Chandra Tripathi and Justice Anees Kumar Gupta gave this order while rejecting the special appeal of Sushma Yadav of Ghazipur.
In the petition, the order of March 4, 2024 of the single judge bench was challenged. In which the single bench had refused to give the benefit of old pension to the petitioner. The petitioner said that his selection was before the date of implementation of NPS on April 1, 2005. Therefore, he should be given the benefit of old pension. The petitioner said that on March 8, 1998, an advertisement was issued for appointment to the post of Assistant Teacher. In which the petitioner had applied. But since his BTC degree was from Madhya Pradesh, his specific BTC result was not released. And despite getting more marks than the cutoff marks, he was not selected. Ultimately, after the order of the High Court, the petitioner received the appointment letter in 2006. He submitted a representation to BSA Ghazipur and other senior officials for old pension but they did not accept it. The petitioner said that the selection process started in 1998 in which she participated. But the employers did not fulfill it and after the court order, he could get a job in 2006.
The law is not implemented as per the convenience of the government
Expressing displeasure over non-payment of the teacher’s salary and citing lack of funds, the Allahabad High Court said that the law works in its own way and not as per the convenience of the state government. The court said that if the salary of the petitioner is due then it should be paid, irrespective of the financial position of the government. Court and law have nothing to do with this. The court of Justice JJ Munir gave this order while hearing the petition of Santosh Kumari. Santosh Kumari of Aligarh had filed a petition in the court demanding payment of the outstanding salary of Rs 22 lakh 69 thousand 144 after retirement. On which the court had sought reply from Additional Chief Secretary Secondary Education Lucknow.
