Narendra Kumar Sahu v. State of Chhattisgarh
Service law – Pension – Old Pension Scheme (OPS) / New Pension Scheme (NPS) – Shikshakarmis regularised and absorbed as Teachers (Local Body)
Case brief
What is this about?
Shikshakarmi absorption; Teacher (L.B.) Local Body; absorption policy 30.06.2018; qualifying service; date of appointment; Old Pension Scheme OPS; New Pension Scheme NPS; Pension Rules 1976 Rule 4 Rule 12(2) Rule 2(1)(b); Gazette Notification 11.05.2022; 20.01.2023; approbate and reprobate; estoppel; delay and laches; policy domain executive; Article 226 judicial review; BALCO Employees Union; D.S. Nakara; Subbarayudu cut-off date; P.N. Menon; 120 days speaking order; Chhattisgarh High Court Bilaspur; WPS No. 777 of 2021 batch; 2026:CGHC:8461; NAFR.
What did the court decide?
All writ petitions in the batch disposed of by common order with a direction to the State Government to take a conscious, reasoned and categorical decision on the determinative date of appointment for pensionary purposes and on whether and to what extent pre-absorption Shikshakarmi service counts (including the ten-year qualifying service requirement from 01.07.2018), to be finalised and communicated by speaking order within 120 days; no existing policy struck down or modified; no order as to costs.