IRSHAD ALI - (1.) Heard learned counsel for the parties. (C.M.A. No. 66745/2021-Correction Application) The following corrections are being incorporated in the judgment and order dated 16.06.2021 :- In second line of paragraph-4, '100' is deleted and in its place, '1000' is added. In the last line of paragraph-17, '08.03.2020' is deleted and in its place, '08.03.2002' is added. In the fourth line of paragraph-38, '1972' is deleted and in its place, '1978' is added. In the fifth line of paragraph-39, '1970' is deleted and in its place, '1978' is added. In the seventh line of paragraph-54, '100' is deleted and in its place, '1000' is added. In the eleventh line of paragraph-54, '1972' is deleted and in its place, '1978' is added. Accordingly, the correction application is allowed to the extent mentioned above. For ready reference, the corrected order is being reproduced below :- Heard Sri L.P. Misra, learned counsel assisted by Sri G.C. Verma, Sri Vinay Mishra, Sri Pt. S. Chandra, Sri Hari Prakash Yadav and Sri K.M. Shukla, learned counsel for the petitioner and Sri Alok Sharma, learned Additional Chief Standing Counsel for the respondent State, Sri Ajay Kumar, Sri Neeraj Chaurasiya, Sri Vindhyawasini Kumar, Sri Prashant Arora, Sri J.B.S. Rathour and Sri P.K. Bishen, learned counsel for the respondents.
(2.) This is a bunch of 66 writ petitions. Facts of all the connected writ petitions are same and is in regard to claim of Old Pension Scheme (OPS), therefore, this bunch of writ petitions is being decided by means of a common order treating Writ Petition No.3458 (S/S) of 2009 to be leading writ petition.
(3.) Brief fact of the case is that several senior basic level institutions were established during year 1989-1998 in which teaching and non teaching staff were appointed. The Government has discontinued the monthly pension scheme vide order dated 28.03.2005 and w.e.f. 01.04.2005 placed a new contributory pension scheme to new recruits. The government order issued by the State Government on 28.03.2005 has laid down New Pension Scheme enforced w.e.f. 01.04.2005 and vide impugned order, the State Government refused to cover the claim of the teaching and non teaching staff from the zone of old pension scheme on the ground that the institutions where they have been appointed have been brought after the enforcement of NPS.;