Government employee entitled only under the New Contributory Pension Scheme – SC

07 May 2024 8:19 AM

By: Admin

D.D:-May 20, 2022

The husband of respondent No. 1 joined the Bihar Research Society, an autonomous society registered under Societies Act, as a peon. By resolution dated 31.08.2005, the State abolished the Old Pension Rules i.e., Bihar Pension Rules, 1950 and replaced the same with New Pension Scheme. The husband died on 23.03.2013 while in service and his wife filed a writ petition praying for family pension and other retiral benefits. By judgment and order dated 02.09.2015, the High Court directed the State to pay the family pension to her from the date of her husband's death. State preferred the Letters Patent Appeal before the Division Bench of the High Court. But Same was also dismissed.

Aggrieved state preferred appeal to Apex Court.

Apex Court observed that the husband of respondent No. 1 came to be absorbed in the government service in the year 2014 w.e.f. 02.03.2009. Till 02.03.2009, he remained the employee of the Bihar Research Society, of which he was an employee and working. The Old Pension Rules, 1950 came to be abolished and the New Contributory Pension Scheme came to be introduced w.e.f. 01.09.2005. Under the New Contributory Pension Scheme, there is no provision for pension/family pension. As per the Scheme, all those who are appointed after 31.08.2005 shall be governed by the New Contributory Pension Scheme.

Apex Court held that at the time when the husband of respondent No. 1, who died in the year 2013, was absorbed, the Old Pension Rules were abolished, and the New Contributory Pension Scheme was in existence. No government employee appointed after 31.08.2005 shall be entitled to any other benefit except under the New Contributory Pension Scheme. In that view of the matter, respondent No. 1 shall not be entitled to the family pension under the Old Pension Rules, which were not appliable at the time when the husband of respondent No. 1 came to be absorbed in the government service w.e.f. 02.03.2009.

The State of Bihar & Ors.

Versus

Rajmati Devi & Anr.