'Delay In Joining With Due Permission Cannot Deprive Employee Of Old Pension Scheme': Patna High Court

The Patna High Court has held that where delay in joining service is duly permitted by the authorities, such delay cannot be used to deny the benefit of the Old Pension Scheme (OPS), especially when the recruitment process was completed prior to the cut-off date.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by the State of Bihar challenging the order dated 30.08.2024 passed by a learned Single Judge. The Single Judge had set aside the State's decision rejecting the writ petitioner's claim for Old Pension Scheme benefits and granted him liberty to opt between the Old and New Pension Schemes.The writ petitioner had initially been selected through a recruitment process initiated prior to 01.09.2005 i.e., the cut-off date for implementation of the New Pension Scheme (NPS). Although his appointment order was issued on 04.05.2005, he joined the post of District Audit Officer on 16.09.2005 after being granted extensions by the authorities, as he was already in government service and was appearing in competitive examinations.The State contended that since the petitioner joined after 01.09.2005, he would be governed by the New Pension Scheme, and that extension of joining time could not entitle him to claim benefits under the Old Pension Scheme.The petitioner, on the other hand, argued that the entire recruitment process, including advertisement and selection, had been completed prior to the cut-off date, and that similarly situated candidates, including those junior to him, had been granted the benefit of the Old Pension Scheme.The Court noted that pursuant to the Government of India's resolution dated 17.02.2020, the State of Bihar had issued a resolution dated 28.11.2023 allowing employees covered under the same recruitment process to opt for the Old Pension Scheme under certain conditions. Applying the said policy, the Court held that the petitioner's case squarely fell within its ambit, as both the advertisement and selection process had been completed prior to 01.09.2005.The Court further observed that the delay in joining was not attributable to the petitioner's fault, but was permitted by the authorities themselves. Holding that there was no perversity or illegality in the order of the learned Single Judge, the Court declined to interfere, noting the limited scope of interference in intra-court appeals.Accordingly, the appeal filed by the State was dismissed.Case Title: State of Bihar and Ors v. Amitabh Kumar Gupta and Ors.Case No.: Letters Patent Appeal No. 289 of 2025 (in Civil Writ Jurisdiction Case No. 12495 of 2024).Appearance: Mr. Sita Ram Yadav and Mr. Jitendra Kumar appeared for the Appellants. Mr. Kumar Kaushik, Mr. Sambhav Gupta, Mrs. Namrata Dubey, and Mr. Kaushik Sagar appeared for the Respondents. Mr. C. Swaroop appeared for the Accountant General, Bihar.Click Here To Read/Download Order

'Delay In Joining With Due Permission Cannot Deprive Employee Of Old Pension Scheme': Patna High Court

Rushil Batra

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