M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]
7 years, 7 months ago

M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]

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The Bombay High Court has held recently that the New Pension Scheme brought in by the state government, through a Government Resolution dated October 31, 2005, was not applicable to judicial officers in the state and the ones appointed after this cut-off date could choose to opt for the same.A bench of Justice AS Oka and Justice AK Menon held that the officers who do not opt. The Bombay High Court has held recently that the New Pension Scheme brought in by the state government, through a Government Resolution dated October 31, 2005, was not applicable to judicial officers in the state and the ones appointed after this cut-off date could choose to opt for the same. Maharashtra issued government resolutions from time to time in order to comply with the directions of the Supreme Court regarding service conditions of judicial officers, however, the GR dated October 31, 2005, brought in all government servants, including judicial officers, under a new pension scheme. Therefore, even if the letters of appointment issued to the Judicial Officers appointed after 1st January, 2005 contain a clause that the pension will be governed by the impugned Government Resolution, the same will not be binding on the Judicial Officers.” Thus, pensionary benefits available to judicial officers before the said GR will continue to remain available and those officers who wish to withdraw from the pension scheme, which was made mandatory, will be allowed to do so.

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