The High Court has given a big decision in the interest of the employees. In the case related to the National Pension Scheme, the government has been directed to submit its reply within 6 weeks. Along with this, it has been said that the salary of teachers cannot be stopped arbitrarily.
High court on NPS And Employees Salary: The High Court has given great relief to the employee. In fact, giving a big blow to the state government in the matter of NPS, the High Court ordered not to withhold the salaries of the teachers. Along with this, now teachers will be paid salary. High Court Lucknow Bench has clarified that the salary of teachers who do not adopt NPS should not be withheld.
Provision to stop salary of teachers who do not adopt NPS
In fact, a petition was filed in the High Court by the teachers of the Basic Education Department. In which the provision of the state government’s mandate dated 16 September 2022 was challenged. Under this provision, a provision has been made to stop the salary of teachers who do not adopt NPS.
In the case, the petition was heard by Justice Pankaj Bhatia of a single bench of the High Court. Arguing during this, the lawyer said that initially a notification was issued on March 28, 2005. In which NPS was made mandatory for those employees who have obtained service appointment after 1 April 2005. Earlier it was kept voluntary for the employees whereas their salaries are being withheld in case of non-adoption of NPS by the petitioners. On which the petition was filed by the petitioner.
Presenting this argument, it was said that on December 16, 2022, while issuing a government order, under Clause 3 (5), a provision has been made that the employees who have not adopted NPS and have not been registered in PRAN, Salary benefits will not be given. The counsel appearing for the petitioner submitted that the order of the state government is arbitrary and under no circumstances can the salary of the government employees be withheld on this ground.
Orders to submit reply within 6 weeks
After hearing in which the High Court has ordered that the government cannot stop the salary of the employees who do not opt for NPS. At the same time, the State was directed not to withhold the salary of the petitioner till further orders as it needed to be considered. Not only this, on the petition by Pankaj Bhatia’s bench, the advocates of the State Government, Basic Education Officer have been ordered to submit their reply within 6 weeks. In the matter, the bench said that this is an interim order and the issue is yet to be decided finally.
