Don’t Stop Salary Of State Employees For Not Opting For National Pension System Until Further Orders: Allahabad HC To UP Govt

The bench of Justice Pankaj Bhatia passed this order on Tuesday while dealing with a writ plea moved by certain state employees (Yogendra Kumar Sagar and others) challenging the state government’s notification for mandatory joining of the National Pension System.

The petitioners, who have not opted for National Pension System, moved the Court by submitting that the UP Govt has issued an order on December 16, 2022, whereby, by virtue of Clause 3(V) it has been provided that the employees who do not opt for the National Pension System and do not get their registration done under PRAN would not be entitled to a salary.

It is the case of the petitioners that the National Pension System in the form in which it has been envisaged cannot be made mandatory for the employees and in any case, their salary cannot be stopped merely because the petitioners are unwilling to opt for the National Pension System.

Observing that the matter requires consideration, and issuing a notice to the state government, the Court sought a reply from them in 6 weeks.

“Until further orders, salary to the petitioners shall not be stopped only on the ground that they have not opted for registration under PRAN in terms of Clause 3(V) of the Government Order dated 16.12.2022,” the Court ordered as it parted with the order on Tuesday.

Appearances

Counsel for Petitioner: Jitendra Vikram,Ravindra Kumar Yadava

Counsel for Respondent: C.S.C.,Ajay Kumar,Ran Vijay Singh

Case title - Yogendra Kumar Sagar And Others vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Edu. Lko. And Others [WRIT - A No. - 8966 of 2022]

Click here To Read/Download Order