High Court allows teacher’s plea on pension scheme
04/08/2019, STAFF REPORTER, ,MADURAI
The Bench of the Madras High Court on Friday allowed the appeal of a secondary grade teacher who sought a direction to be placed under the old pension scheme, as she was appointed prior to the implementation of new pension scheme.
The teacher, V. Vasanthi of Velipattinam, Ramanathapuram, said that she was appointed to the post of Secondary Grade Teacher in 2002 and her service was regularised in 2004, after she completed a child psychology training programme.
After her service was regularised, she was allotted a Teacher Provident Fund Scheme account. However, nearly nine years later, the allotment of old pension scheme was cancelled on the reason that her service was regularised in 2004, after the new contributory pension scheme came into force.
Her earlier writ petition was dismissed on the ground that she had completed child psychology training only in 2004, therefore she was not entitled to the old pension scheme. She preferred an appeal against the order of the single bench.
Hearing the appeal, a Division Bench of Justices K. Ravichandrabaabu and Senthilkumar Ramamoorthy observed that the woman was appointed as a secondary grade teacher in 2002 when the old scheme was in force.
The appointment by the school management and approval of it by School Education department were two different events. Approval of appointment was granted by the department for extending monetary benefits.
It did not mean that date of approval itself had to be construed as the date of appointment for considering applicability of the relevant pension scheme. Approval of such appointment might be granted from the date of appointment.
The woman is entitled to count her service period from the date of her appointment for the purpose of pension.
She must be placed only under the old pension scheme since her appointment was admittedly earlier to the introduction of the new pension scheme, the court said.
04/08/2019, STAFF REPORTER, ,MADURAI
The Bench of the Madras High Court on Friday allowed the appeal of a secondary grade teacher who sought a direction to be placed under the old pension scheme, as she was appointed prior to the implementation of new pension scheme.
The teacher, V. Vasanthi of Velipattinam, Ramanathapuram, said that she was appointed to the post of Secondary Grade Teacher in 2002 and her service was regularised in 2004, after she completed a child psychology training programme.
After her service was regularised, she was allotted a Teacher Provident Fund Scheme account. However, nearly nine years later, the allotment of old pension scheme was cancelled on the reason that her service was regularised in 2004, after the new contributory pension scheme came into force.
Her earlier writ petition was dismissed on the ground that she had completed child psychology training only in 2004, therefore she was not entitled to the old pension scheme. She preferred an appeal against the order of the single bench.
Hearing the appeal, a Division Bench of Justices K. Ravichandrabaabu and Senthilkumar Ramamoorthy observed that the woman was appointed as a secondary grade teacher in 2002 when the old scheme was in force.
The appointment by the school management and approval of it by School Education department were two different events. Approval of appointment was granted by the department for extending monetary benefits.
It did not mean that date of approval itself had to be construed as the date of appointment for considering applicability of the relevant pension scheme. Approval of such appointment might be granted from the date of appointment.
The woman is entitled to count her service period from the date of her appointment for the purpose of pension.
She must be placed only under the old pension scheme since her appointment was admittedly earlier to the introduction of the new pension scheme, the court said.
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