NAMO NARAYAN RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners have assailed the Government Order dated 24.5.2017, and consequential order dated 27.5.2017, passed by the Executive Engineer, Tubewell Division, and a further prayer is made to direct the respondents to continue to make GPF deductions from their salary and not to compel them to fill up pension forms, as per new pension scheme introduced on 28.3.2005 to be effective from 1.4.2005. The Government Order dated 24.5.2017, under challenge, provides as under:- <IMG>JUDGEMENT_9_LAWS(ALL)9_2017.jpg</IMG>

(2.) The consequential order of the Executive Engineer contains a direction requiring part-time tubewell operators, who have been regularized after 1.4.2005, to apply under the new pension scheme by filling up requisite forms, and also provides that their GPF be no longer deducted. It is admitted that all the petitioners have been regularized after 1.4.2005 and are therefore covered by the new pension scheme. The issue as to whether petitioners are covered under the new pension scheme, introduced on 28.3.2005, as they have been regularized after 1.4.2005 is no longer res integra. A Division Bench of this Court in Special Appeal No.240 of 2009 (State of U.P. v. Dukh Haran Singh) examined the question as to whether services of such part-time tubewell operators, prior to their regularization, be counted towards qualifying service for payment of pension. After examining the issue extensively, this Court proceeded to hold as under:-

(3.) The judgment in State of U.P. v. Dukh Haran Singh (supra) was challenged before the Apex Court in Special Leave to Appeal (C) No.27713 of 2009, which came to be dismissed by following orders:-