Refusal to give old pension to those selected in 1998 assistant teacher recruitment on appointment in 2006

Prayagraj, 04 March (HS). Allahabad High Court has refused to give the benefit of old pension to the petitioner selected in Primary School Assistant Teacher Recruitment 1998 due to his appointment in 2006 after receiving training.

The court said that if the candidate is acquiring training qualification then it cannot be said that the selection process has been completed. The selection process will be considered complete only after appointment. The court said that the petitioner completed the special BTC training in 2006 and the new pension scheme was implemented on April 1, 2005. The petitioner was appointed on 20 May 2006. Therefore, she cannot demand old pension on the basis that recruitment was in 1998.

Justice Saurabh Shyam Shamsheri has given this order while rejecting the petition of Mrs. Sushma Yadav. The petitioner said that he was selected in the recruitment of 1998. He cannot be held responsible for the delay in appointment. By the interim order of the court, the petitioner joined the post of assistant teacher in Jangipur Primary School, Ghazipur on 20 July 2004. He was appointed in 2006 after being issued a special BTC training certificate. After 17 years of appointment, the petitioner submitted a representation to the Director of Basic Education on 17 November 23 for the old pension. The delay in appointment is not his fault.

The Chief Standing Advocate said that BTC training is a qualification for appointment. Which cannot be considered a part of the selection process. Therefore the petitioner is not entitled to the old pension. Following the decision of Janardan Roy case, the court rejected the petition, terming the demand for old pension as baseless.