विशिष्ट बीटीसी प्रशिक्षण 2004 के अंतर्गत नियुक्त शिक्षकों की जीपीएफ कटौती कर पुरानी पेंशन का लाभ दिए जाने सम्बन्धी मामले में सुनवाई जारी, याचिकर्ताओं का पक्ष स्पष्ट करता हुआ कोर्ट का आदेश देखें
Sri Ashok Khare submits as under:-
(i) This batch of writ petitions are in two sets. The first set of petitioners are compassionate
appointees. The controversy in their cases is as to whether the date of first appointment on
compassionate ground on a consolidated salary shall be treated to be the date of appointment
for the purposes of old GPF scheme or their subsequent regularisation with regular pay scale
after 01.04.2005 shall be relevant for the purpose of G.P.F. scheme. The second set of petitioners
are those who were admitted in Special BTC Course prior to 01.04.2005 but they could be adjusted as
assistant teachers subsequently after 01.04.2005, therefore, question is as to whether these
assistant teachers adjusted in employment after 01.04.2005 shall be governed by old GPF
Scheme or the new GPF Scheme.
With respect to the first set of petitioners, Sri Ashok Khare submits that the date of appointment on
compassionate ground shall remain unchanged whether such assistant teachers were appointed on a
consolidated salary as untrained teacher or they were subsequently regularised after 01.04.2005.
Their dates of appointment being the initial appointment on compassionate ground, they are entitled
for the old GPF Scheme. The Government order dated 20.02.2004 (para-12) itself supports the case
of the petitioners.
(ii) The real recruitment is the selection for Special BTC Course and after completion thereof, the
appointment is automatic. The date of selection for Special BTC course should be treated to be the
date of appointment for the purposes of application of the GPF Scheme whether old or new. The
recruitment is made on the post of assistant teachers in terms of the provisions of Rule 14 of the U.P.
Basic Education Teacher Services Rules, 1981. The Rules and the Conditions of appointment as on
the date of selection for Special BTC course shall only be enforceable and not any new conditions or
Scheme which came to operate subsequently. Since at the time of selection for Special BTC Course
the old GPF Scheme was applicable, therefore, the new GPF Scheme which came into force after
01.04.2005, cannot be applied. To support his submissions, he referred to certain judgments copies of
which have been filed in Writ Petition No.57686 of 2015.