The Madras High Court has directed the Tamil Nadu government to extend the benefit of the old pension scheme to police constables whose recruitment process began in May 2002, but whose appointment orders were issued only in November 2003, months after the new contributory pension scheme came into effect from April 1, 2003.
Justice N. Anand Venkatesh held that the delay in completing the recruitment process could not be attributed to the appointees, and consequently they could not be denied the benefits of the old pension scheme. He directed the government to move the petitioners to the old pension scheme, within 12 weeks.
Senior Counsel V. Prakash, representing the writ petitioners, brought it to the notice of the court that the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) had commenced recruitment of 1,659 Grade II women constables in May 2002 and completed the entire recruitment process by March 3, 2003. Since the appointment orders to the women constables were issued prior to April 1, 2003, all of them were brought under the old pension scheme.
In the case of the male constables, the TNUSRB had initially issued a notification in May 2002 for filling up 3,500 posts. The notification was revised in March 2003 increasing the vacancies to 4,931. Physical endurance tests were conducted in May 2003 and the written examinations in June 2003. Results of the entrance test as well as medical examination were released in August 2003 and the appointment orders were issued to the Grade II male police constables only on November 12, 2003.
In the meantime, a Government Order was issued to bring all recruits appointed on or after April 1, 2003 under the new contributory pension scheme and hence the petitioners were denied the benefits of the old pension scheme, Mr. Prakash said and contended that the petitioners could not be punished for the recruitment delay on the part of the government.
Agreeing with him, the judge ordered that the amount of money deducted from the petitioners’ salaries so far towards their contribution under the new pension scheme must be transferred to the old pension scheme within three months.
