Source:- tkbsen.in<\/p>\n\n\n\n
New Delhi:<\/strong> The Delhi High Court on Wednesday issued a notice to the Centre and the Delhi Government on a petition filed by Delhi Judicial Service Association challenging the new pension scheme (NPS) for the judges in the national capital. <\/p>\n\n\n\n Justice A K Chawla issued the notices on the petition filed by Delhi Judicial Service Association through advocate Sachin Jain.<\/p>\n\n\n\n The Delhi Government\u2019s New Defined Contributory Pension Scheme \n(commonly known as \u2018New Pension Scheme\u2019) provides for a compulsory \ndeduction of 10 per cent of basic pay and dearness allowance of \nemployees.<\/p>\n\n\n\n The scheme applies to judicial officers appointed on or after January 1, 2004, in Delhi.<\/p>\n\n\n\n The petitioner has contended that the Delhi Government has no power \nto \u201cmodify the quantum of salaries and pension payable to judicial \nofficers\u201d.<\/p>\n\n\n\n The petitioner also said that the New Pension Scheme is in direct \ncontravention of Supreme Court orders as it treats judicial officers at \npar with civil servants in the state and further applies retrospectively\n to all the state employees and judicial officers who have been \nappointed on or after January 1, 2004.<\/p>\n\n\n\n \u201cIn contradistinction, the pension scheme operating in terms of the \norder of the Supreme Court dated March 21, 2002, in All India Judges\u2019 \nAssociation and Ors. v. Union of India (W.P.(C) 1022 of 1989) which \nguaranteed a minimum of 50 per cent of last pay drawn to judicial \nofficer, the New Pension Scheme provides for a compulsory deduction of \n10 per cent of basic pay and dearness allowance of the employee with \nmatching contribution from the Respondent No.1 (Delhi Government) in the\n New Pension Scheme,\u201d the petitioner said.<\/p>\n\n\n\n \u201cThereafter, upon superannuation, Judicial Officers can only withdraw\n 60 per cent of their total pension wealth on retirement under the New \nPension Scheme, and the balance 40 per cent is mandatorily required to \nbe deposited or invested in an Insurance Annuity Scheme,\u201d the petitioner\n added.<\/p>\n\n\n\n The petitioner also said that the Delhi Government has no power to \nmodify the quantum of salaries and pension payable to judicial officers \nand sought a direction to refund of any deductions made from the salary \nof the judicial officers towards their contribution to the New Pension \nScheme with interest.<\/p>\n\n\n\n The petitioner has also sought a direction to the respondent for the \nrestoration of the old pension scheme as was applicable prior to January\n 2004 to all the judicial officers of Delhi.<\/p>\n