J&K Tribunal directs ReT teachers’ Old Pension claims to be considered under new one-time option scheme

The applicants, Rehbar-e-Taleem teachers in the Jammu and Kashmir School Education Department, claimed entitlement to the Old Pension Scheme (OPS), relying on their initial engagement before 1 January 2010, Government orders governing the Rehbar-e-Taleem scheme, and decisions concerning similarly situated employees.

The respondents produced Government Order No. 305-F of 2026 dated 28 September 2026, which created a one-time option for specified employees covered by the New Pension Scheme to seek coverage under the Defined Pension Scheme, subject to eligibility and prescribed conditions.

The applicants asked that the OAs be disposed of in terms of that Government Order.

Whether the applicants’ claims for OPS coverage should be considered under the mechanism established by Government Order No. 305-F of 2026.

Whether the Tribunal should determine the merits of the applicants’ individual entitlement to OPS in these proceedings.

Government Order No. 305-F of 2026, issued pursuant to Council of Ministers Decision No. 129/11/2026, provides a one-time option for eligible government employees appointed against posts or vacancies advertised or notified before notification of the New Pension Scheme, but who joined service on or after 1 January 2010 while covered by that scheme, to seek coverage under the Defined Pension Scheme.

The option must be exercised in the prescribed form and within the specified period; eligibility is to be assessed by the competent authority under the Government Order and applicable rules.

The Tribunal did not determine the interpretation or application of the Rehbar-e-Taleem Government Orders or the precedents relied upon by the applicants.

In light of the subsequent Government Order, the Tribunal considered it appropriate for the applicants’ claims to be addressed through the newly prescribed administrative process.

It therefore permitted them to exercise the option and directed the competent authority to consider each case under Government Order No. 305-F of 2026 and applicable rules, subject to eligibility and entitlement.

The Tribunal expressly left the merits of the OPS claims, and any challenge to orders or actions in the individual OAs, undecided.

The competent authority must decide and communicate each applicant’s case in accordance with that Order and applicable rules, subject to eligibility and entitlement.

No opinion was expressed on the merits of OPS entitlement; all questions of fact and law were left open.

Pending miscellaneous applications were also disposed of, with no order as to costs.