Ramayan Lal Dubey Vs the State of Chhattisgarh

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Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5012 of 2023

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1 - Ramayan Lal Dubey S/o Shri Salikram Dubey, Aged About 59 Years By Post- Assistant Teacher (L.B.) Posted At Govt. Primary SchoolKarma, Employee No. 07200442116, Sakul Kendra- Karma, Block Belha, District Bilaspur (Chhattisgarh)

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2 - Abhishek Kumar Gahwaie, S/o Shri Jageshwar Pd. Gahwaie, Aged About 32 Years By Post- Teacher (L.B.) Posted At Govt. Middle SchoolPendarwa (South), Employee No. 0620050980 Sakul Kendra- Posari, Block Belha, District Bilaspur (Chhattisgarh)

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3 - Smt. Shimla Koushik, W/o Shri Dilip Koushik, Aged About 35 Years By Post- Assistant Teacher (L.B.) Posted At Govt. Primary SchoolPendarwa (South), Employee No. 07200442797, Sakul Kendra- Posari, Block- Belha, District Bilaspur (Chhattisgarh)

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... Petitioner(s)

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versus

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1 - The State Of Chhattisgarh Through The Secretary, Education Department, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.

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2 - The Collector, District Bilaspur Chhattisgarh

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3 - The District Education Officer, District Education Office, District

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(Chhattisgarh)

Bilaspur

4 - The District Trasury Officer, District Treasury Office, District Bilaspur Chhattisgarh

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5 - The Block Education Officer, B.E.O.- Belha, District Bilaspur Chhattisgarh.

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... Respondents

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(Cause-title taken from the Case Information System)

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For Petitioner(s) :- Mr. J.A. Lohani, Advocate

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For State

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:- Mr. Sangharsh Pandey, G.A.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board

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13.01.2026

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The present writ petition has been filed by the petitioners seeking a direction to the respondent authorities for extending the benefit of the New Pension Scheme (NPS) in terms of the policy decision of the State Government dated 24.04.2023, alleging inaction on the part of the respondents in uploading their options on the official portal despite submission of the prescribed affidavits within the stipulated time.

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By way of this petition, the petitioners have prayed for following reliefs:-

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“(i)That this Hon'ble Court kindly be pleased to issue a writ to the respondents to produce the

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entire record pertaining to Letter dated: 18/05/2023. Annexure-P/1.

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(ii) That this Hon'ble Court may kindly pass appropriate direction to the respondents to accept the option of petitioners under the N.P.S. (i.e. New Pension Scheme) which is been submitted in the prescribed format signed in stamp-paper oath on affidavit format submitted within prescribed time before the respondent no.05.

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(iii) That this Hon'ble Court may kindly pass appropriate direction to the respondent no.04, to remove the technical difficulties arises for accept the option of petitioners under the N.P.S. (i.e. New Pension Scheme) which is been submitted in the prescribed format signed in stamp-paper oath on affidavit format in web-site of Distrcit Treasaury Office after getting verified by the respondent no.05.

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(iv) And further, allow this Writ-Petition by passing any other relief(s) in favor of petitioner by passing appropriate directions to the respondents as may deemed fit by this Hon'ble Court.”

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Facts, in brief, are that Petitioner No.1 and Petitioner No.3 are working on the post of Assistant Teacher (L.B.), while Petitioner No.2 is working on the post of Teacher (L.B.). Initially, all the petitioners were appointed as Shiksha Karmi Grade-III. Upon absorption from the Panchayat Department into the School Education Department, they were appointed as Assistant Teacher

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(L.B.) / Teacher (L.B.) and are presently posted at their respective schools, as mentioned in the cause title, within Block-Bilha, District Bilaspur (Chhattisgarh).

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The grievance of the petitioners is that pursuant to the decision of the State Government contained in letter dated 24.04.2023, they duly submitted their options in the prescribed affidavit format for opting the New Pension Scheme within the stipulated time. However, Respondent Nos.3 to 5 failed to upload the said options on the official portal. It is contended that Respondent No.5 informed that due to a technical defect at the end of Respondent No.4, the names of the petitioners were not reflected as employees of the Education Department on the portal, resulting in non-uploading of their options. Written communications dated 18.05.2023, with reference to earlier letters dated 02.05.2023 and 04.05.2023, were sent by Respondent No.5 to Respondent No.4 for rectification of the defect; however, the same has not been resolved till date. Due to such inaction, the petitioners apprehend deprivation of their legitimate pensionary benefits under the New Pension Scheme, causing irreparable loss and prejudice.

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Learned counsel for the petitioners, at the outset, submits that so far as Petitioner Nos.2 and 3 are concerned, the relief sought in the petition has already been granted to them, and therefore, the writ petition is not pressed on their behalf. Accordingly, the petition stands dismissed as withdrawn insofar as Petitioner Nos.2 and 3

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are concerned. Learned counsel further submits that the petition survives only in respect of Petitioner No.1. It is contended that Petitioner No.1 had initially rendered service in the Agriculture Department for a certain period and thereafter joined the Panchayat Department as Shiksha Karmi Grade-III. Subsequently, his services were absorbed in the School Education Department w.e.f. 01.07.2018. Upon issuance of the policy decision dated 24.04.2023, the State Government granted an option to eligible employees either to continue under the Old Pension Scheme or to opt for the New Pension Scheme. Petitioner No.1 is willing to opt for the New Pension Scheme. It is further submitted that although the service rendered by Petitioner No.1 in the Panchayat Department was non-pensionable, he had deposited the requisite contribution towards the pension fund. Therefore, if any amount is lying deposited in respect of his Panchayat service, the same may be carried forward and adjusted under the New Pension Scheme. Learned counsel also points out that Petitioner No.1 has already superannuated on 31.12.2023 and, therefore, expeditious consideration of his case is warranted.

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Per contra, learned counsel appearing for the respondents submits that the case of Petitioner No.1 shall be examined in accordance with the applicable rules and policy, and appropriate decision shall be taken by the competent authority.

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I have heard learned counsel for the parties and perused the material available on record.

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It is not in dispute that Petitioner No.1 was absorbed in the School Education Department and that the State Government, vide letter dated 24.04.2023, extended an opportunity to eligible employees to exercise their option for the New Pension Scheme. It is also not disputed that Petitioner No.1 submitted his option within time. The grievance raised is essentially with regard to non-consideration of his option due to administrative and technical lapses on the part of the respondent authorities. It is well settled that an employee who has complied with the requirements prescribed under a policy decision cannot be made to suffer for lapses attributable to the authorities. Pension being a deferred component of service benefits, denial or delay in its grant, without fault of the employee, would be arbitrary and violative of Articles 14 and 21 of the Constitution of India.

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Considering the totality of facts and circumstances of the case, particularly the fact that Petitioner No.1 has already retired from service, this Court is of the considered opinion that the respondent authorities are required to examine and decide his claim in a timebound manner, strictly in accordance with the applicable rules, policy dated 24.04.2023, and law.

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Accordingly, the respondent authorities are directed to consider the case of Petitioner No.1 for grant of benefit under the

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New Pension Scheme in accordance with the relevant rules, policies, and law. While considering his claim, the respondents shall also examine the issue of adjustment/carry forward of any contribution deposited by Petitioner No.1 during his service in the Panchayat Department, if permissible under the rules. The aforesaid exercise shall be completed by the competent authority within a period of three months from the date of receipt of a copy of this order.

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It is made clear that this Court has not expressed any opinion on the merits of the claim of Petitioner No.1, and the same shall be decided independently by the competent authority.

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The petition is accordingly disposed of in the above terms. No order as to costs.

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sd/-

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(Amitendra Kishore Prasad) Judge

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Vishakha

Ramayan Lal Dubey v. the State of Chhattisgarh

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Ramayan Lal Dubey v. the State of Chhattisgarh

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