Jharkhand HC rules employees selected through pre-2004 ads eligible for OPS
Ranchi, Oct 22: A division bench of the Jharkhand High Court, comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar,…
Ranchi, Oct 22: A division bench of the Jharkhand High Court, comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, has ruled that employees selected based on advertisements issued before January 1, 2004, are entitled to benefits under the Old Pension Scheme (OPS), even if their actual appointment or assumption of duties took place after the implementation of the New Pension Scheme (NPS).
The case originated with the IIT Indian School of Mines (ISM), Dhanbad, which had issued an advertisement on September 2, 2003, for the post of Senior Medical Officer, clearly stating that the position carried benefits under the General Provident Fund (GPF) along with pension.
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The respondent, working with Indian Telephone Industries Limited, applied for the position. Due to delays in the selection process, he was called for an interview on April 3, 2004, and, after clearing it, assumed office on June 30, 2004.
Meanwhile, the New Pension Scheme was notified on December 22, 2003, and became effective from January 1, 2004. Contrary to the original advertisement, the respondent was placed under the NPS.
The respondent filed multiple representations requesting a transfer to the old pension scheme, but the authorities took no action. He then approached the High Court through a writ petition. The court allowed the petition, affirming his entitlement to OPS benefits.
Challenging the single bench order, ISM Dhanbad filed an appeal, arguing that since the respondent assumed office on June 30, 2004, well after the cut-off date, the terms of service applicable at the time of joining under the new policy should govern his benefits.
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The respondent countered that his entitlement to OPS/GPF-with-pension should be honored, as the advertisement was issued on September 2, 2003, before the NPS notification on December 22, 2003, which came into effect from January 1, 2004.
After hearing both sides, the division bench held that employees whose selection was based on advertisements issued before January 1, 2004, are entitled to old pension scheme benefits, regardless of when they actually assumed office. The original writ petition in this matter was filed by Dr. Praveen Singh before a single bench.
