Calcutta High Court orders pension review for clerk over undisclosed rule

On September 7, the Calcutta High Court ordered the Ministry of Personnel, Public Grievance and Pension to reevaluate a clerk's request to be included in the old pension scheme. The court ruled that if an employee's appointment order does not disclose specific requirements before joining a job, the disclosure must be considered "directory in nature."

The case involved a central government employee who was denied inclusion in the old pension scheme due to his failure to provide a "technical resignation" when leaving his previous job to join the current position. The employee had applied for the post of peon in May 2002 and was later selected for the post of lower grade clerk, resigning from the peon position on March 27, 2007.

The Ministry had provided a one-time option for central government civil employees to join the old pension scheme in March 2023, but the employee's request was rejected, stating that he had not provided a "technical resignation."