Allahabad High Court
Ramvir Singh Gaur vs State Of U P And 5 Others on 24 September, 2019
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 13267 of 2019 Petitioner :- Ramvir Singh Gaur Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Lakshmi Kant Trigunait,Dev Kant Trigunait Counsel for Respondent :- C.S.C. Hon'ble Abhinava Upadhya,J.
Heard Sri Lakshmi Kant Trigunait, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
By means of this writ petition the petitioner has come to this Court stating that he should be entitled to Old Pension Scheme. The petitioner participated in selection for T.G.T. English, pursuant to Advertisement no. of 01/2002. The selections were made and the petitioner was impanelled as one of the selected candidates on 21.09.2004. Thereafter various communications took place and finally the petitioner was served with the appointment letter on 10.09.2005. Thereafter the petitioner joined the post on 15.09.2005. The petitioner claims that since the selection process was initiated prior to the new pension scheme came into force and petitioner having been selected and placed in the merit list, he would be entitled to Old Pension Scheme and not the New Pension Scheme.
The contention of learned counsel for the petitioner has to be rejected out rightly as the petitioner's name merely being in the merit list does not give any right to petitioner flows from the date he has given appointment letter and the petitioner was appointed on 10.09.2005 and joined the institution on 15.09.2005. As such, no relief can be granted as prayed for by the petitioner.
Learned counsel for the petitioner has put emphasis that upon letter of the District Inspector of Schools dated 06.11.2004 by which the Manager of N.A.S. Intermediate College, Meerut, was directed to appoint the petitioner and inform. However, it appears that the Management did not allow the petitioner to join such a post and therefore, petitioner joined another college which is the present college where the appointment letter was issued on 10.09.2005. It is claimed that had the Committee of Management allowed the petitioner to join the earlier institution and he would not have entitled to the Old Pension Scheme but due to fault of the Management and the D.I.O.S. the appointment of the petitioner was delayed. It is to be noted that this grievance of the petitioner on account of non-joinder of the petitioner in another institution. Now such grievance cannot be raised as the letter of appointment indicating that date of issuance of appointment letter is 10.9.2005 which is after the New Pension Scheme came into force.
The writ petition is misconceived and is accordingly dismissed.
Order Date :- 24.9.2019 Sachin