- (1.) Heard learned counsel for the petitioners and Sri Vishal Tandon learned Standing Counsel for the State respondents.
(2.) The petition has been preferred principally seeking the following reliefs: - "a writ order or direction in the nature of certiorari quashing the notice dated 20.04.11 issued by the Additional District Magistrate (Finance and Revenue) Jyotiba Phulenagar (Annexure 14 to the writ petition). A writ order or direction of a suitable nature restraining any action on the basis of the impugned notice. A writ, order or direction of a suitable nature commanding the respondents to treat the petitioners as covered by the Old Pension Scheme applicable prior to 01.04.05 and to extend all benefit thereof to the petitioners."
(3.) The principal question which falls for determination is whether the petitioners who were initially selected in 2001 and on account of ensuing litigation came to be appointed only in October 2006 would be entitled to the benefits of the Old Pension Scheme which held the field till 01 April 2005. Undisputedly on 01 April 2005 a New Pension Scheme was promulgated and according to the petitioners since the provisions made in the erstwhile Scheme were more beneficial, they would be entitled to claim coverage under that Scheme notwithstanding the fact that they ultimately came to be appointed only in 2006. For the purposes of answering the question that is raised, the following skeletal facts may be noticed.;