• Contributory pension scheme

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
Asked 6 years ago in Labour

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7 Answers

This scheme will applicable from date of appointments means it is recruitment.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to seek direction of high court by filing wrot petition in the said matter

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

This scheme with effect from the date of appointment. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes the change will apply on you because your date of appointment is after 01/04/2003

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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