Rajan Roy,J. - (1.) Heard learned counsel for petitioners and learned Additional Chief Standing Counsel for State.
(2.) This writ petition has been filed by petitioners seeking a writ of mandamus commanding respondents to provide them benefit under the Old Pension Scheme as existing prior to 01.04.2005.
(3.) The petitioners are still in service and have not retired. The petitioners claim to have appeared in a selection for appointment against post of Staff Nurse advertised in the year 2001. It is said that for some reason beyond their control the selection got delayed. They are not aware of the reason why this happened. Be that as it may, the petitioners were given appointment in 2006. They have referred to one writ petition bearing No. 3106 (M/S) of 2001 filed by some other persons but the counsel could not point out as to what was the issue involved therein. Nevertheless, the fact of the matter is that petitioners never approached the High Court prior to 2006 seeking expeditious selection or appointment, as the case may be. It is also not in dispute that the petitioners accepted appointment in 2006 by which the New Post Retirement Scheme had come into force and the Old Pension Scheme had seized to be effective from 01.04.2005. The fact of the matter is that the date of entry of petitioners in service is subsequent to 01.04.2005.;