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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOCK TEST
created Jan 5th, 02:47 by Anamika Shrivastava
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It was recorded that the new pension scheme was applicable to those who were appointed on or after 1st January 2004. Even subsequently, representations were made by respondent no.1 in the years 2013 and 2014.Original application was filed by respondent no.1 before the Central Administrative Tribunal challenging the action of applying the new pension scheme to him. The Tribunal held that respondent no.1 was initially appointed as an Associate Professor through direct recruitment against a permanent post on a contract basis. Even his appointment as a professor on a contract basis was on a permanent post. The Tribunal noted that respondent no.1's appointment was regularised from 14th August 2012.However, his service under the contract employment was required to be considered for the purposes of determining pensionary benefits. The the Tribunal proceeded to hold that the action of the appellant of applying the new pension scheme was illegal. A direction was issued to the appellant to consider the case of respondent no.1 under the old pension scheme. It is this order which has been confirmed by a Division Bench of Telangana High Court by the impugned judgment and order.The learned counsel appearing for the appellant urged that respondent no.1's first appointment as an Associate Professor on 14th August 2002 was on a contract basis which came to an end after he was appointed as a Professor on a contract basis in the year 2007. Her submission is that as the order of regularisation was passed in the year 2012, he is not entitled to claim a pension under the old scheme with effect from the year 2002.The learned counsel further submitted that the Regularisation Rules under which the service of respondent no.1 was regularised clearly provided that all the academic staff members who were regularised under the Regularisation Rules will be entitled to benefit of pension only under the new pension scheme. She submitted that without challenging the Regularisation Rules, respondent no.1 cannot claim that the old pension scheme will apply to him.The learned counsel urged that respondent no.1 accepted the Regularisation Order dated 4th May 2012 which clearly provides that he can claim the benefit of only the new pension scheme.
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