Simplified Explanation of the Judgment
This case concerned a group of constables who were recruited in Bihar under Advertisement No. 01/2004. Their grievance arose because although they were part of the same recruitment process as other constables appointed before the cut-off date of 31.08.2005, their appointments were finalized later. As a result, they were placed under the New Pension Scheme (NPS) instead of the Old Pension Scheme (OPS).
The constables challenged this action before the Patna High Court, arguing that it was arbitrary, unreasonable, and discriminatory. They pointed out that similarly recruited constables under the same advertisement and process had been granted the Old Pension Scheme simply because their appointments were issued earlier, whereas their delayed appointments unfairly subjected them to NPS.
The State opposed the petition, but the petitioners relied on previous judgments where the High Court had already settled this issue. In particular, they cited the case of Ganpati Singh vs State of Bihar (CWJC No. 663 of 2010, decided on 29.08.2011), where the Court had ruled that such recruits should be extended the Old Pension Scheme if they were part of the same selection process initiated before the cut-off date. That ruling had been affirmed in LPA No. 204 of 2014, and even the Supreme Court dismissed the State’s challenge in SLP (Civil) No. 35714 of 2016.
Justice Anil Kumar Upadhyay, following the principle of consistency, applied the same reasoning here. The Court held that the issue was no longer “res integra” (no longer an open question of law), since it had been conclusively settled in Ganpati Singh’s case. Accordingly, the writ petition was allowed, and the petitioners were directed to be granted the benefits of the Old Pension Scheme.
This judgment ensures parity among similarly situated employees and prevents the State from treating members of the same recruitment process differently merely due to administrative delays.
Significance or Implication of the Judgment
- Uniformity in Pension Rights: The decision ensures that all constables recruited under the same advertisement and process are treated equally with respect to pension benefits.
- Protection Against Administrative Delays: Candidates cannot be penalized by being shifted to the New Pension Scheme merely because the government delayed issuing their appointment letters.
- Binding Precedent: The Court reinforced that once an issue has been conclusively settled by earlier rulings (and affirmed by the Supreme Court), the State must apply the law uniformly without forcing affected employees to approach the courts repeatedly.
- Financial Implications for the State: While the judgment secures benefits for employees, it also requires the State to plan for additional financial liabilities arising from extending Old Pension Scheme coverage.
Legal Issue(s) Decided and the Court’s Decision with reasoning
- Issue: Whether constables recruited under Advertisement No. 01/2004 but appointed after 31.08.2005 should be covered under the Old Pension Scheme.
Decision: Yes, they are entitled to OPS.
Reasoning: Since they were part of the same recruitment process initiated before the cut-off date, the delay in appointment cannot deprive them of OPS. - Issue: Whether the case required fresh interpretation or was already settled.
Decision: The issue was already settled in Ganpati Singh’s case and affirmed up to the Supreme Court.
Reasoning: To maintain consistency, the same benefit must be extended here.
Judgments Referred by Parties
- Ganpati Singh vs State of Bihar, CWJC No. 663 of 2010 (decided 29.08.2011)
Judgments Relied Upon or Cited by Court
- Ganpati Singh vs State of Bihar, CWJC No. 663 of 2010
- LPA No. 204 of 2014 (affirming above)
- SLP (Civil) No. 35714 of 2016 (dismissed by Supreme Court, affirming above rulings)
Case Title
Constables (Petitioners) vs. State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 24518 of 2018
Citation(s)
2021(2) PLJR 137
Coram and Names of Judges
Hon’ble Mr. Justice Anil Kumar Upadhyay
Names of Advocates and who they appeared for
- For the petitioners: Mr. Nilendu Kumar Choudhary, Advocate; Mr. Manish Kumar No. 2, Advocate
- For the respondents (State): Mr. Anil Kumar, AC to SC 8
Link to Judgment
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