Service matters
Naresh Thakur
(Querist) 30 July 2015
This query is : Resolved
Sir,
I was appointed as a Vidya Upashak in Government School in Education department on fixed honararium basis by the Himachal Pradesh Govt through HP state subordinate selection board by conducting state wise test and interview. I joined my duties on 16/08/2000.My department regularize my services as JBT vide order dated 01/10/2007. There is no break in my service. Now my department covered me under new pension scheme (NPS) which starts as on 15/05/2003. But I want that I was covered under CCS Pension rule 1972 i.e. Old Pension scheme. I want to know that my post is substantive/officiating/temporary.
You are requested to please let me know whether the period from 16/08/2000 to 01/10/2007 will be include in qualifying period of service or not. Please mention the rule/G.O.also.and oblige me.
Yours Faithfully,
Naresh Kumar
President
HPVU Sangh
Kumar Doab
(Expert) 30 July 2015
Usually the employee's union have copies of all such ordinances/GO/rules.........
You may wait for advise of other experts.
Some experts well versed with your state service matters may provide inputs.
M/s. Y-not legal services
(Expert) 31 July 2015
i hope you might be appointed by your state govt. right?
if it is so your local land advocate may have better knowledge regard your query..
Naresh Thakur
(Querist) 31 July 2015
Our petition is allowed by the honorable high court of Himachal Pradesh but I think that state government must file SLP therefore I want to know about the rule as par judgment given by tha apex court in this regard
P. Venu
(Expert) 31 July 2015
The issues would have to be dealt on a common platform. Even the NPS has no legal standing vis-a-vis the statutory pension under the Rules notified in terms of Article 309 of the Constitution.
Rajendra K Goyal
(Expert) 31 July 2015
The rules are what the High Court decided and state government has right to file SLP if question of law exist.
Naresh Thakur
(Querist) 31 July 2015
According to the rule 13 of CCS pension rule 1972
Guest
(Expert) 31 July 2015
Break or no break in service at the time of regularisation of your service, as JBT teacher, appointment on honorariam basis is neither treated as temporary nor officiating, nor substantive. Your service on appointment, whether on temporary or substantive basis would have fallen within the scope of qualifying service for old pension scheme under CCS (Pension) Rules, had you been appointed on or before 31.12.2003.
But, since your service has been regularised as a JBT teacher only w.e.f. 1.10.2007, the period from 16/08/2000 to 01/10/2007 may not qualify for old pension scheme under Rule 13 of the CCS (Pension) Rules. You become eligible for NPS only from the beginning of your regular appoint ment, i.e., from 1.10.2007.
So, your petition is not likely to pass the final test of the time.
Naresh Thakur
(Querist) 31 July 2015
We are appointed by creating the post as vidya upashak by the government
Appointment is made through commission
We are working on officiating as JBT when we joined the duty
Guest
(Expert) 31 July 2015
Your first description was, "I was appointed as a Vidya Upashak in Government School in Education department on fixed honararium basis by the Himachal Pradesh Govt." Now you have stated, "We are appointed by creating the post as vidya upashak by the government.
When you don't know what is what, how you can expect right solution to your problem?
While, any appointment on fixed honorariam has no relevance for the purpose of qualifying service for pension, it has also to be seen whether you were the beneficiary of GPF, CPF or EPF during your service as vidya upashak.
So, better go through the terms & conditions of appointment for the post of vidya upashak and then come forward with the real background of the case.
Kumar Doab
(Expert) 31 July 2015
What is the opinion of your lawyer that has examined all service related documents and rules.
Your lawyer must have suggested some case laws too.
All case related documents need to be examined..........hence prefer consultation with an able lawyer.
Guest
(Expert) 31 July 2015
Better seek personal appointment with some capable service law expert to examine your documents and advise you correctly before you try to waste you money and enormous time. in litigations.
Naresh Thakur
(Querist) 31 July 2015
Who is the best service matter lawyer
Naresh Thakur
(Querist) 31 July 2015
Our lawyer is full confident
