Employees’ Salary Cannot Be Stopped Merely Because They Have Not Opted For National Pension System: Allahabad HC Passes Interim Order

While dealing with a plea raising the issue of mandatory joining of National Pension System by the State government, the Allahabad High Court has held that until further orders, salary of the employees-petitioners shall not be stopped only on the ground that they have not opted for the NPS.

The bench of Justice Pankaj Bhatia was dealing with the issue with regard to the directions for mandatory joining of National Pension System by the State government.

Advocates Jitendra Vikram and Ravindra Kumar Yadava appeared for petitioners whereas C.S.C. Ajay Kumar appeared for Respondents.

The counsel for the petitioner argued that initially by means of a notification, the National Pension System was made mandatory for the employees who had joined after April 2005.

It is argued by the petitioner that the petitioners have not opted for National Pension System.

He further argues that the State Government has issued a Government Order whereby it has been provided that the employees who do not opt for the National Pension System and do not get their registration done under PRAN would not be entitled to salary.

The said government order is under challenge mainly on the ground that the National Pension System in the form in which it has been envisaged cannot be made mandatory for the employees and in any case their salary cannot be stopped merely because the petitioners are unwilling to opt for the National Pension System.

The Court observed that the matter requires consideration and issued notice to the State.

The Court directed that until further orders, salary to the petitioners shall not be stopped only on the ground that they have not opted for NPS.

“Until further orders, salary to the petitioners shall not be stopped only on the ground that they have not opted for registration under PRAN in terms of Clause 3(V) of the Government Order dated 16.12.2022.”, the Court held.

Cause Title- Yogendra Kumar Sagar & Others v. State Of UP. & Ors.

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