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Patna High Court

Bimla PaulversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner's claim for extension of the Old Pension Scheme benefits is valid and the order rejecting it is set aside.

Summary

The petitioner, Bimla Paul, was appointed as Lecturer in 2006 after a prolonged administrative delay despite a 1999 recommendation by the Bihar Public Service Commission. She later exercised the option to opt for the Old Pension Scheme under the Finance Department's Resolution dated 28‑Nov‑2023, but her claim was rejected on the ground that no other employee appointed under the same 1998 advertisement had been granted the Old Scheme. The Court examined whether the delay in appointment, which was beyond the petitioner's control, disqualified her from the benefit and whether the requirement to prove another employee's entitlement was a valid condition. Relying on earlier judgments that administrative delay cannot deprive an employee of Old Scheme benefits, the Court held that the petitioner satisfied all conditions of the Resolution. Consequently, the order rejecting her claim was set aside and the petition was allowed, directing the respondent to reconsider her claim in accordance with the Resolution.

Issues considered

  • Whether an employee whose appointment was delayed due to administrative inaction, but whose recruitment advertisement predates the cut‑off date, is entitled to opt for the Old Pension Scheme under the 28‑Nov‑2023 resolution.
  • Whether the requirement to establish that another similarly situated employee has already received the Old Pension Scheme benefit is a valid condition precedent.
  • Whether the rejection of the petitioner's claim is arbitrary, illegal and violative of the principles of equality and non‑discrimination.

Subjects

  • Pension Scheme
  • Old Pension Scheme
  • New Pension Scheme
  • Administrative delay
  • Equality
  • Discrimination
  • Bihar Public Service Commission
  • Resolution
  • Option to opt

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.626 of 2025
     ======================================================
     Bimla Paul W/o Late Simon Baptist Thakur, Presently R/o- Flat No.206,
     Madhuri Enclave, Opposite Gate No.93, Digha Ghat, PS - Digha, District
     Patna.

                                                              ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the Director, Higher Education, Department of
     Education, Government of Bihar, Patna
2.   The Director, Higher Education, Department of Education, Government of
     Bihar, Patna
3.   The Secretary, Department of Finance, Government of Bihar, Patna
4.   The Chairman, Bihar Public Service Commission, Bihar, Patna
5.   The Accountant General, Bihar, Patna

                                                            ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Awadhesh Kumar, Adv.
                                  Mr. Shashi Kant Amar, Adv.
     For the State          :     Mr. Indeshwari Prasad Mandav, GA-3
     For the AG, Bihar      :     Mr. Ram Kinkar Choubey, Adv.
     For the B.P.S.C.       :     Mr. Sanjay Pandey, Adv.
                                  Mr. Nishant Kumar Jha, Adv.
                                  Mr. Prabhakar Pahepuri, Adv.

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

      Date : 13-07-2026

                    Heard Mr. Awadhesh Kumar, learned counsel for the

      petitioner; Mr. Indeshwari Prasad Mandal, learned counsel for

      the State as well as Mr. Ram Kinkar Choubey, learned counsel

      for the Accountant General, Bihar.

                    2. The petitioner is aggrieved with the order dated
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         25.07.2024 issued under Letter No.14/M07-05/2024-1080 by

         respondent No.2, whereby her claim for extension of the benefit

         of the Old Pension Scheme in place of the New Pension Scheme

         has been rejected. The petitioner has further prayed for a

         direction upon the respondents to extend the benefit of the Old

         Pension Scheme to her in terms of the Resolution issued by the

         Finance Department, Government of Bihar, contained in Memo

         No.1206(P) dated 28.11.2023.

                     3. The brief facts which led to the fling of the present

         writ petition, are that the Bihar Public Service Commission

         (hereinafter      referred     to     as    "the   Commission")       issued

         Advertisement          No.91/1998           inviting   applications      for

         appointment to the post of Lecturer in the Home Science

         Department, along with other advertisements pertaining to

         different subjects and departments. Pursuant thereto, the

         petitioner submitted her application and participated in the

         interview held on 11.02.1999. Upon being found suitable, the

         Commission, vide Letter No.1834, recommended the names of

         the petitioner and one Kumari Sangita Bhagat for appointment

         to the post of Lecturer.

                     4. Despite such recommendation having been made

         by the Commission, the appointment letter was not issued to the
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         petitioner for reasons not attributable to her. Consequently, she

         was constrained to approach this Court by filing C.W.J.C.

         No.4223 of 2000, which came to be disposed of on 24.02.2006

         with a direction to the competent authority to issue the

         appointment letter in her favour. In compliance with the said

         order, the Human Resource Department issued Notification

         contained in Memo No.976 dated 01.07.2006 notifying her

         appointment. Subsequently, by Corrigendum contained in

         Memo No.991 dated 06.07.2006, her place of posting was

         specified, whereupon the petitioner joined her duties on

         07.07.2006.

                     5. Since the petitioner's appointment materialized

         after the introduction of the New Pension Scheme w.e.f.

         01.09.2005, she was required to submit the prescribed form for

         enrolment under the New Pension Scheme, which she

         accordingly submitted on 13.11.2006. The petitioner thereafter

         continued to discharge her duties without any complaint until

         the Government of Bihar, Finance Department, issued

         Resolution contained in Memo No.1206(P) dated 28.11.2023,

         whereby an opportunity was extended to employees appointed

         pursuant to advertisements issued prior to 01.09.2005 to

         exercise an option for coverage under the Old Pension Scheme,
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         subject to fulfilment of the prescribed conditions.

                     6. Immediately upon coming to know of the said

         Resolution, the petitioner exercised her option on 28.12.2023

         seeking coverage under the Old Pension Scheme. Shortly

         thereafter, she attained the age of superannuation and retired

         from service on 31.01.2024 from the post of Assistant Professor.

         However, her claim was rejected by respondent No.2 on the

         ground that no material had been produced to establish that any

         teacher appointed pursuant to Advertisement No.91/1998 had

         been granted the benefit of the Old Pension Scheme.

         Consequently, the petitioner's claim, along with those of two

         other Assistant Professors in the Home Science Department,

         stood disapproved.

                     7. Learned counsel appearing for the petitioner,

         assailing the impugned order, submitted that it is an admitted

         position     that    the    petitioner      had   applied   pursuant   to

         Advertisement No.91/1998 issued by the Bihar Public Service

         Commission on 21.06.1998. It is further submitted that,

         simultaneously, the Commission had also issued Advertisement

         Nos.89/1998, 90/1998 and 92/1998 for appointment to the posts

         of Lecturers in different subjects. The petitioner was duly

         selected, and the Commission recommended her appointment on
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         26.10.1999. However, for reasons wholly beyond her control,

         the appointment letter was not issued, compelling her to invoke

         the writ jurisdiction of this Court by filing C.W.J.C. No.4223 of

         2000. Pursuant to the order dated 24.02.2006 passed therein, she

         was eventually appointed vide Memo No.976 dated 01.07.2006,

         followed by Corrigendum contained in Memo No.991 dated

         06.07.2006.

                      8. It is contended that there was absolutely no lapse or

         delay       attributable     to     the      petitioner.   Although    the

         recommendation in her favour had been made in the year 1999,

         the appointment could materialise only in the year 2006 solely

         on account of administrative delay on the part of the

         respondents. The petitioner, therefore, cannot be deprived of the

         benefit of the Old Pension Scheme merely because her

         appointment was delayed due to reasons beyond her control. It

         is further submitted that, in the meantime, the Old Pension

         Scheme stood replaced by the New Pension Scheme with effect

         from 01.09.2005, thereby depriving the petitioner of the benefit

         to which she would otherwise have been entitled.

                      9. Learned counsel further submitted that, in several

         identical      matters       where          appointments    pursuant    to

         advertisements issued prior to 01.09.2005 were delayed on
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         account of administrative lapses, this Court has held that the

         employees concerned cannot be denied the benefit of the Old

         Pension Scheme merely because their appointments were made

         after the cut-off date. Such denial has been held to be arbitrary,

         unjust and discriminatory. In support of the aforesaid

         submission, reliance has been placed upon the judgment of the

         learned Division Bench of this Court in The State of Bihar &

         Ors. v. Ganpati Singh (L.P.A. No.204 of 2014).

                     10. It is further submitted that the impugned order is

         wholly contrary to the Resolution dated 28.11.2023. The

         Resolution nowhere prescribes that an applicant must establish

         that another similarly situated employee appointed under the

         same advertisement has already been extended the benefit of the

         Old Pension Scheme. Once the petitioner admittedly fulfils all

         the eligibility conditions stipulated under the Resolution, there

         was neither any justification nor any legal basis for rejecting her

         claim solely on the ground that she failed to produce evidence

         regarding extension of the benefit to other similarly situated

         employees. Learned counsel has also placed reliance upon the

         judgment rendered by this Court in Md. Kayumuddin Ansari &

         Ors. v. The State of Bihar & Ors. (C.W.J.C. No.10901 of 2006).

                     11. Per contra, learned counsel appearing for the State
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         submitted that it is an admitted fact that the petitioner was

         appointed pursuant to Memo Nos.976 dated 01.07.2006

         and 991 dated 06.07.2006 and joined her duties on 07.07.2006,

         i.e., much after the cut-off date of 01.09.2005, from which the

         New Pension Scheme came into force. It is contended that the

         Resolution dated 28.11.2023 contemplates cases where, under

         the same advertisement, certain candidates were extended the

         benefit of the Old Pension Scheme while others were brought

         under the New Pension Scheme on account of administrative

         delay or pending litigation. In such circumstances, uniformity

         was sought to be maintained by extending the benefit of the Old

         Pension Scheme to all similarly situated candidates. However, in

         the petitioner's case, it is submitted that no candidate appointed

         pursuant to Advertisement No.91/1998 has been granted the

         benefit of the Old Pension Scheme and, therefore, the petitioner

         cannot claim parity under the said Resolution.

                     12. It is further contended that the petitioner accepted

         her appointment under the New Pension Scheme without any

         protest and voluntarily submitted the requisite forms for

         enrolment thereunder. She continued under the said scheme

         throughout her service tenure and, for the first time, sought the

         benefit of the Old Pension Scheme only on 28.12.2023, barely a
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         month prior to her retirement on attaining the age of

         superannuation. It is, therefore, submitted that the impugned

         order does not suffer from any legal infirmity warranting

         interference by this Court.

                     13. Having considered the rival submissions advanced

         on behalf of the parties and upon perusal of the materials

         available on record, this Court finds that certain facts are not in

         dispute. The Bihar Public Service Commission had issued

         Advertisement Nos.89/1998, 90/1998, 91/1998 and 92/1998 on

         21.06.1998 inviting applications for appointment to the posts of

         Lecturers in different subjects. Pursuant thereto, the petitioner

         submitted her application in response to Advertisement

         No.91/1998 for appointment as Lecturer in the Home Science

         Department. It is also not in dispute that the entire selection

         process stood concluded and the Bihar Public Service

         Commission         recommended              the   petitioner's   name   for

         appointment on 11.02.1999.

                     14. Once the recommendation had been made by the

         Commission, the only formality that remained was the issuance

         of the appointment letter. However, despite the recommendation

         having been made in favour of the petitioner, the respondents

         failed to issue the appointment letter, thereby compelling the
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         petitioner to invoke the writ jurisdiction of this Court by filing

         C.W.J.C. No.4223 of 2000. It was only in compliance with the

         order passed by this Court in the said writ petition that the

         petitioner came to be appointed in the year 2006. Evidently,

         therefore, the delay in issuance of the appointment letter cannot,

         by any stretch of imagination, be attributed to the petitioner.

                     15. This Court further finds that while disposing of

         C.W.J.C. No.4223 of 2000, the learned Single Judge had

         specifically noticed that the recommendation in favour of the

         petitioner had already been made; the sanctioned post against

         which she was recommended continued to remain vacant and;

         despite such recommendation, no appointment was made. It was

         also noticed that the Bihar Public Service Commission had

         revalidated its recommendation vide Letter No.374 dated

         30.04.2004, yet the respondents failed to act upon the same.

         These undisputed facts unmistakably establish that the delay in

         appointment was solely on account of administrative inaction

         and laches on the part of the State authorities and not due to any

         omission or default on the part of the petitioner.

                     16. It has further been brought to the notice of this

         Court that candidates appointed pursuant to Advertisement

         No.92/1998, which was also issued on 21.06.1998, have been
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         extended the benefit of the Old Pension Scheme as their

         appointments were made prior to the enforcement of the New

         Pension Scheme with effect from 01.09.2005. Be that as it may,

         even assuming that no candidate appointed pursuant to

         Advertisement No.91/1998 has been granted the benefit of the

         Old Pension Scheme, such a circumstance, by itself, cannot

         constitute a valid ground to deny the petitioner's claim. The

         entitlement of the petitioner is required to be examined

         independently in the light of the Resolution dated 28.11.2023

         and cannot be made contingent upon the case of any other

         employee. It is further clarified that the cause of action has

         arisen in favour of the petitioner the date on which resolution

         dated 28.11.2003 has been issued, inviting option for coverage

         of Old Pension Scheme. Thus the plea of the State regarding

         belated claims has no leg to stand.

                     17. A careful reading of the Resolution dated

         28.11.2023 reveals that an employee seeking coverage under the

         Old Pension Scheme is required to satisfy the conditions

         prescribed therein. Prima facie, the petitioner satisfies all the

         requisite conditions. The advertisement pursuant to which she

         was appointed had admittedly been issued much prior to

         01.09.2005 and with respect to advertisement for appointment to
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         the post of Lecturer in different subjects bearing Advertisement

         No.92/1998, the candidate has been extended the benefit of Old

         Pension Scheme. The entire selection process, including the

         recommendation by the Commission, had been completed well

         before the cut-off date; the delay in issuance of the appointment

         letter was solely attributable to administrative reasons; the

         petitioner exercised her option within the time stipulated under

         the Resolution; and, as submitted by the learned counsel for the

         petitioner, she has not received any amount under the

         Contributory Pension Scheme till date.

                     18. The impugned order reveals that the petitioner's

         claim has been rejected solely on the ground that she failed to

         establish      that    any      candidate   appointed   pursuant   to

         Advertisement No.91/1998 had been extended the benefit of the

         Old Pension Scheme. Such a consideration is wholly unjust and

         arbitrary to very object of Resolution dated 28.11.2023. The

         Resolution even if presumably contemplates that an applicant

         must establish that another similarly situated employee has

         already been granted the benefit of the Old Pension Scheme as a

         condition precedent for consideration of his or her own claim,

         the respondents cannot ignore the fact that the candidate who

         qualified against the post of Lecturer in terms with
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         Advertisement No.92/1998 has been extended the coverage of

         Old Pension Scheme since in his/her case, the letter of

         appointment has been issued prior to 01.09.2005. Once the

         petitioner admittedly satisfies the eligibility criteria prescribed

         under the Resolution, the respondents were under a legal

         obligation to consider her claim on its own merits. The reason

         assigned in the impugned order is, therefore, wholly arbitrary,

         illegal and extraneous to the governing Resolution and legally

         unsustainable.

                     19. For the reasons aforesaid, this Court is of the

         considered opinion that the impugned order dated 25.07.2024

         issued under Letter No.14/M07-05/2024-1080 by respondent

         No.2 cannot be sustained in law and is accordingly set aside.

         Consequently, the writ petition stands allowed.

                     20. Respondent No.2, the Director, Higher Education,

         Department of Education, Government of Bihar, is directed to

         reconsider the petitioner's claim for extension of the benefit of

         the Old Pension Scheme strictly in accordance with the

         Resolution contained in Memo No.1206(P) dated 28.11.2023

         and, upon the petitioner being found eligible, extend all

         consequential benefits admissible thereunder.

                     21. The aforesaid exercise must be completed,
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                      preferably within a period of twelve weeks from the date of

                      receipt or production of a copy of this order.




                                                  (Harish Kumar, J)
rohit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15-07-2026
Transmission Date


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