Ram Manorath Rai v. State of Chhattisgarh
Case brief
What is this about?
Chhattisgarh High Court; WPS No. 777 of 2021 (lead) with connected WPS matters; Shikshakarmi / Teacher (Local Body) absorbed into School Education Department w.e.f. 01.07.2018 under policy dated 30.06.2018; counting of pre-absorption service as qualifying service for pension; Old Pension Scheme restored by Gazette Notifications dated 11.05.2022 and 20.01.2023; determinative “date of appointment” for pension left unanswered; Civil Services Pension Rules, 1976 (Rules 4, 12(2), 13, 4(ii), 2(1)(b)); Chhattisgarh Shikshakarmi Rules, 1997; New Pension Scheme; approbate and reprobate; estoppel; pension policy within executive domain; Article 226 judicial review; Articles 14, 16, 162, 166(1), 266(1), 300-A, 309; BALCO Employees’ Union; Census Commissioner v. Krishnamurthy; D.S. Nakara; N. Subbarayudu; P.N. Menon; direction to State to pass speaking order within 120 days; Rakesh Mohan Pandey, J.; writ petitions disposed of, no order as to costs.