Vivek Agarwal, J. - (1.) Heard Sri Sankalp Narain, learned counsel for the petitioners and Sri Ashish Kumar Nagar, learned Standing Counsel for the State.
(2.) Petitioners' learned counsel has raise an issue that petitioners, who are working on the post of constable, were subjected to the recruitment process prior to the cut off date i.e. 01.04.2005, when new pension Rules came into vogue. Petitioners contention is that admittedly appointment order to the petitioners were issued after the cut-off date, but that was due to the fact that similar litigation was pending in the High Court which was initiated at the instance of unsuccessful candidates and on account of stay granted by the High Court, appointment orders could not be issued in favour of the petitioners.
(3.) Therefore, the whole controversy is to be addressed within the narrow compass i.e. whether petitioners who were appointed after the cut off date i.e. 31.03.2005, are entitled to benefit of old pension Rules which were in vogue up to 31.03.2005 or will be governed by new pension Rule.;