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regarding new pension scheme

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved 
I have opt for govt. service in the year-2002,written test was conducted by the govt. department in the year 2002,the typing test for sucessful candidates(in written test)was held in January-2003 and after that interview was conducted in March-2003. Result was declared in April-2003 and the panel was formed for one year. In June/July-2003 department started sending appointment letter to panel candidates,I got the appointment letter in last week of Nov-2003,I submitted my acceptance on 4 dec,2003 and letter was given to me for medical test to be held on 10.12.2003, Hospital extended the date to 26.12.2003 after that police verification was done at my home town address,which takes time and I joined my duties in Feb-2004, but one of the Candidate who is junior to me as per merit list(panel list)somehow joined in the year 2003(last week) and now enjoyed in benefit of old pension scheme.
My Question is: Can I file a Writ in High Court? and my chances of getting the benefit of old pension scheme,please advise
Kirti Kar Tripathi (Expert) 11 January 2011
What was the last date of joining of the selected candidates. In case, there exists any last date for joining, the seniority will governed by merit list of the selection for on the basis of joining. If such position exist, you are senior and are entitled for all the benefits as your junior is getting. Thus my advise is make representation to you head of the department. In case, no action is taken, file a writ of mandamus for the same.
Kirti Kar Tripathi (Expert) 11 January 2011
The seniority will governed by merit list of the selection not on the basis of joining.
O. Mahalakshmi (Expert) 17 January 2011
I agree with Kirti Kar


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