regarding pension eligibility

srinivasarao (Querist) 07 December 2010 This query is : Resolved
sir,
govt of AP issued notification for some asst prof posts in 2004.even before the last date of reciept of applications , govt recruited one asst prof and he is eligible for regular pension.
later govt of AP introduced contributoy pension scheme for people who joined from sept I st 2004.

rest of posts recruitment were delayed for one year and by the time we ( 7 of us and we were working in the same posts on contract basis for 2 years before selected for regular service) joined after around 1 year contributory pension scheme is being applicable to us.

we want to know
1.as on the date of issue of notification and by the time of recieving applications only regular pension is there. so legally can we fight in the court of law for regular pension.
2. although one person's post was notified and recruited earlier to us he is enjoying regular pension but we were all recruited later and deprived of regular pension. can we fight as all our posts were notified in the same notification.

please suggest us the validity in our case
drsrinikrao@yahoo.co.in

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Ajay Bansal (Expert) 07 December 2010
YOU CAN FILE A WRIT IN HIGH COURT.IT IS A GOOD CASE IN YOUR FAVOUR.

R.Ramachandran (Expert) 07 December 2010
Dear Mr. Srinivasa Rao,
If you were appointed on or after 1st September, 2004, you will come under new pension scheme (i.e. contributory pension scheme). You cannot seek any other pension.
Yes, you can approach any court. It is your right. Ultimately, it is for you to show why having been appointed on or after 1.9.2004, the new pension scheme would not be applicable to you. If the court is convinced then you will get the benefit of old pension scheme, otherwise only under New Pension Scheme.
I do not think that you have any strong grounds to claim non-applicability of new pension scheme.