SAURABH SHYAM SHAMSHERY, J. - (1.) The petitioner is before this court with the following prayer; "(I) Issue a writ order or direction in the nature of mandamus commanding the respondents to provide pensionary benefits to the petitioner as was existing prior to notification dated 01.04.2005 and to accord all benefits to the petitioner admissible under law."
(2.) Shri S.P. Pandey, learned counsel for the petitioner briefly narrated the facts of the present case that; (i) In the year 2003 an Advertisement No. 1 of 2003 for the lecturer in Inter College for different subjects was issued by the U.P. Secondary Education Services Selection Board Allahabad (hereinafter referred to as the "Board"). (ii) The petitioner applied for the post of lecturer Hindi. In pursuance of the said advertisement, the petitioner appeared for interview and was also selected consequently. The District Inspector of School Azamgarh issued a letter dated 11.02.2005 to the college authorities recommending the name of the petitioner, in pursuance of the said letter, Smith Inter College, Azamgarh (respondent No.5) issued an appointment letter dated 22.03.2005 to the petitioner. Finally the petitioner joined the service at the respondent-College on 19.04.2005. (iii) As per the case of the petitioner, he had tried to join the service many times after the order of appointment dated 22.03.2005, however, he was allowed to join only on 19.04.2005. (iv) Meanwhile the State government came up with New Pension Scheme vide a notification dated 28.03.2005, which was enforced w.e.f. 01.04.2005. Requisite amendment was also notified by way of U.P. Retirement Pension Amendment Rules 2005 on 07.04.2005. (v) As the petitioner joined the service after 01.04.2005, therefore, his service was governed by the New Pension Scheme. (vi) The petitioner approached the concerned authorities to ventilate his grievances that as the appointment letter was issued prior to 01.04.2005 and he was not allowed to join prior to 01.04.2005 only due to fault of respondents. Therefore, he is entitled for the Old Pension Scheme and not for the New Pension Scheme. When his grievances were not attended, the petitioner approached this Court by way of filling the present writ petition for seeking the reliefs quoted above.
(3.) Sri S.P. Pandey, learned counsel for the petitioner has not disputed the fact that the New Pension Scheme came into force w.e.f. 01.04.2005 and it would be mandatorly applied to all the new recruits after 01.04.2005, however, the learned counsel for the petitioner submitted that the selection process of the petitioner was over when appointment letter dated 22.03.2005 was issued and therefore, the petitioner cannot be considered as ''new recruit' for the purpose of New Pension Scheme which came into force w.e.f. 01.04.2005. Learned counsel for the petitioner further submitted that the respondent - College had not permitted him to join the service as soon as the appointment letter dated 22.03.2005 was issued and therefore, due to inaction of the respondent he was allowed to join only on 19.04.2005 when the New Pension Scheme was already enforced. Accordingly he submitted that petitioner is entitled to be governed by the Old Pension Scheme and not by the New Pension Scheme.;