Old Pension Scheme claims must be determined by the competent authority under the 2023 Finance Department circular.

The petitioners, employees serving in various offices in Aurangabad District, had applied pursuant to an advertisement dated 30 August 1995.

A selection panel was prepared on 22 April 1999, before the Bihar Government Karmchari Anshdayi Pension Yojna, 2005—known as the New Pension Scheme—came into effect on 1 September 2005.

The petitioners claimed that, because their selection process had been completed before the introduction of the New Pension Scheme, they were entitled to coverage under the Bihar Pension Rules, 1961 and the General Provident Fund rather than the contributory pension scheme.

They relied on the Finance Department’s circular bearing Memo No. 1206 (Pension), dated 28 November 2023, concerning employees whose selection process had concluded before the New Pension Scheme came into force.

The petitioners sought deletion of their names from the New Pension Scheme and the Contributory Provident Fund and their inclusion under the Old Pension Scheme and General Provident Fund.

Whether the petitioners, whose selection process allegedly concluded before the New Pension Scheme came into force, are eligible to be governed by the Bihar Pension Rules, 1961 and the General Provident Fund instead of the New Pension Scheme?

Whether the petitioners’ claim should be considered in accordance with the Finance Department’s circular bearing Memo No. 1206 (Pension), dated 28 November 2023?

Whether the petitioners should first approach the competent authority by way of individual representations for determination of their eligibility?

The Court considered the distinction between the Bihar Pension Rules, 1961 and the Bihar Government Karmchari Anshdayi Pension Yojna, 2005, the latter having been made effective from 1 September 2005.

It also applied the administrative directions contained in the Finance Department’s Memo No. 1206 (Pension), dated 28 November 2023, concerning employees whose selection process was completed before the New Pension Scheme commenced.

The Court followed the procedural approach adopted in CWJC No. 5868 of 2022, where similarly situated employees were granted liberty to submit individual representations to the competent authority for determination of their eligibility.

No final determination of entitlement under either pension scheme was made in the present case.

The Court noted that the petitioners’ advertisement and panel predated the commencement of the New Pension Scheme and that they relied on the 2023 Finance Department circular to establish their eligibility for the Old Pension Scheme.

However, rather than adjudicating their substantive entitlement directly, the Court adopted the course followed in the analogous proceedings in CWJC No. 5868 of 2022.

To ensure uniformity and permit verification of the petitioners’ individual service and selection records, the Court directed each petitioner to submit an individual representation to the District Magistrate, Aurangabad, demonstrating eligibility under the circular.

The competent authority was then required to examine the claim and issue a reasoned and speaking order.

Each petitioner was granted liberty and directed to file an individual representation before the District Magistrate, Aurangabad, within four weeks from 17 September 2026, showing eligibility under Finance Department Memo No. 1206 (Pension), dated 28 November 2023.

Upon receipt of such representation, the District Magistrate was directed to pass a reasoned and speaking order within a further period of 90 days.