Decided on November 20,2012

Balwant Singh and Ors. Appellant
State of Uttarakhand And Ors. Respondents


V.K. Bist, J. - (1.) HEARD learned counsel for the parties.
(2.) SINCE the controversy involved in both the writ petitions is one and same, both the writ petitions are being decided by common judgment. Brief facts relevant to the controversy involved in the petitions are that in the month of September, 2005 the State Government advertised the posts of Assistant Teachers for Government Primary Schools in District -Almora and District Bageshwar. In pursuance of said advertisement, the petitioners applied for the posts. They were called for interview and they participated in the interview on 28.09.2005. Petitioners were selected and by one order dated 29.09.2005 all the selected candidates including the petitioners were asked to join within 15 days from the date of issuance of the order. Some candidates joined before 30.09.2005 but all the petitioners joined after 01st October, 2005.
(3.) AT the time of issuance of appointment orders and joining of service by the petitioners a "Defined Benefit Pension Scheme" (for short old scheme) was in existence. On 25th October, 2005, State Government issued a notification by virtue of which the State Government introduced a new scheme namely "Defined Contribution Pension System" (for short new scheme). Relevant portion of the Government notification dated 25th October, 2005 is reproduced below: - - The State Government in consideration of its long -term fiscal interest and following broadly the pattern adopted by the Central Government, has approved the following proposal of introducing a new "defined contribution pension system" in place of the existing "defined benefit pension Scheme", for new entrants to the service to the service of the State Government and all State -controlled autonomous institutions and Sate aided private educational institutions where the existing pension scheme is patterned on the scheme for Government employees and is funded by the consolidated fund of the State Government: - - (i) from 1st of October, 2005, the new defined contribution pensions system would mandatorily apply to all new recruits to the service of the State Government and of all State -controlled autonomous/State aided private educational institutions referred to above. However, employees covered by the existing pension scheme whose service would be of less than ten years on 1st October, 2005 may also voluntarily opt for the new pension system in place of the existing pension scheme, (ii) Under the new defined contribution pension system, the employee would make a monthly contribution equal to 10 percent of the salary, dearness pay and dearness allowance. A matching employer's contribution would be made by the State Government or by the concerned autonomous institution/private educational institution. However, the State Government would provide grant to the concerned autonomous institution/private educational institution for making employer's contribution until the institution is in a position to make the contribution itself. The contribution and investment returns would be deposited in an account to be known as pension tier 1 account. No withdrawal would be allowed from this account during the service period. The existing provisions of a defined benefit pension and GPF would not be available to the new recruits covered by the new defined contribution pension System. (iii)................................. (iv)................................. (v)................................... 2.................................. 3. An employee recruited/appointed on or after 1st October, 2005 will fill up Form -1 (Annexure) in Hindi and English and submit to Head Office/Drawing and Disbursing Officer (D.D.O.). Inturn Head of Office/DDO will send the information of the such employees in Form -2 (Annexure) to the concerned treasury and Director, Accounts and Entitlement (A&E). Director, A&E will prepare a data base based on Form -1 and Form -2 and submit the details to Central Record Keeping Agency (CRA) and Pension Fund Managers appointed by Govt. of India. 4.......................................;

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