CG HIGH COURT: High Court strict on old pension scheme, decision in favor of teachers
CG HIGH COURT: Bilaspur. The High Court has delivered a significant relief to teachers. The court has delivered a significant ruling in their favor in a long-running legal battle over prior service calculations. A double bench of the High Court dismissed the state government's appeal challenging the single bench's order.
The case concerns Rajendra Prasad Patel, a teacher posted at the Chirmiri Municipal Corporation. He filed a petition in the High Court demanding that his prior service be included in the old pension scheme. The petition stated that even after the merger, his prior service was not being included in the pension calculation, which was unfair to him.
A single bench of the High Court had previously heard the case, directing the state government to consider including former service in the old pension scheme. The government was given 120 days to do so. Instead of complying with this directive, the state government appealed the single bench's decision to a double bench, where the case was heard by a bench headed by the Chief Justice.
The state government, citing the terms of the merger, argued that pensions should be determined based on the conditions established at the time of merger. However, the court rejected this argument. The double bench remarked that since prior service was recognized during the merger, there should be no obstacle to including it in the old pension scheme. The court held that ignoring prior service is unjustified. The double bench of the High Court dismissed the state government's appeal and upheld the single bench's order.
