This scheme will applicable from date of appointments means it is recruitment.
Date of advertisement- 11/02/2002 date of written exam-21/04/2002 certificate verification: 13/05/2003 date of appointment: 02/12/2003 as per advertisement scale of pay declared plus allowances from 01/04/2003 govt of Tamilnadu introduced Contributory Pension scheme to all govt employees newly recruited on or after 01/04/2003. so they treat me as in the new CPS scheme. Some of the batch mates joined before 01/04/2003 were under Old Pension scheme not CPS. This change will affect the above advertised recruitment or not? related supreme court judgments in favor of my issue
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Why recruitment will effect only change will apply is new pension scheme. Your recruitment is operative from date of appointment and not from date of initiation of recruitment.
The contract of employment commences only upon appointment. The date of appointment only matters, and the other dates are irrelevant. Those appointed on 02/12/2013 will be automatically covered under the CPS, as the scheme came into effect on and from 01/04/2013.
The date of appointment will be taken into consideration for all the schemes that have been introduced by respective governments in such recruitment.
Since you were appointed on 02.12.2003, you will be covered by the provisions of the latest policy of the government introducing the CPS. The advertisement for the post is calling the candidates for recruitment and there is no such rule that the change of policy taking place on the future date should take effect retrospectively until and unless specified in the advertisement.