Government Order · Finance

Order of the Honble Kerala High Court in WP (C) No.37160/2023 filed by Smt. Sunimol P. K. & Others, Assistant Section Officers/Senior Grade Assistants working in the office of Kerala High Court - Complied with - Orders issued. ...

2026-09-29 · G.O. (RT)7497/2026/Fin · Finance Department

Summary

The Government has issued an order complying with the Kerala High Court judgment regarding the pension scheme eligibility for certain High Court employees. The court ruled that since the petitioners were appointed after the implementation of the National Pension System (NPS) on 01.04.2013, they are not entitled to the Statutory Pension Scheme. Consequently, the government has directed that these employees must continue under the existing National Pension System.

Key points

  • Petitioners sought inclusion in the Statutory Pension Scheme based on selection process commencement prior to 01.04.2013.
  • High Court ruled that pension rights arise upon appointment, not application.
  • Since appointments occurred after 01.04.2013, the National Pension System (NPS) is mandatory.
  • Government order confirms compliance with the High Court judgment dismissing the petition.

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Full English text

GOVERNMENT OF KERALAM Abstract Finance Department - Order of the Hon'ble Kerala High Court dated 27.02.2026 in WP (C) No.37160/2023 filed by Smt. Sunimol P. K. & Others, Assistant Section Officers/Senior Grade Assistants working in the office of Kerala High Court - Complied with - Orders issued. FINANCE (PENSION - A) DEPARTMENT G.O.(Rt)No.7497/2026/FIN. Thiruvananthapuram, Dated, 29.09.2026. Read :- 1. G.O.(P)No.56/2002/FIN Dated:16.01.2002. 2. G.O.(P)No.441/2012/FIN Dated:08.08.2012. 3. G.O.(P)No.20/2013/FIN Dated:07.01.2013. ORDER The Petitioners, Smt. Sunimol P. K. & Others, are Assistant Section Officers/ Senior Grade Assistants working in the office of Kerala High Court filed the WP (C) No. 37160/2023 before the Hon'ble High Court of Kerala. The petitioners have taken part in the selection process conducted by the Kerala High Court Recruitment & Examination Cell for the post of Assistant in High Court Service and were appointed through PSC. The Kerala High Court Recruitment & Examination Cell invited applications before 01.04.2013 in respect of the vacancies in existence. Due to various reasons, the selection was delayed and the petitioners got appointment only after 01.04.2013. Thus, the petitioners' argument is that since the process of selection commenced prior to 01.04.2013 they are entitled to be in the statutory pension scheme. 2. Government announced to introduce a contributory pension scheme for new entrants in Government service as well as in PSUs wherein pension scheme is in existence vide Government Order read (1 & 2) above in order to overcome the soaring huge expenditure towards pension. Hence, National Pension System was implemented for the employees joining service with effect from 01.04.2013 vide G.O read (3). Thus, the NPS is mandatory for all appointments made on or after 01.04.2013. It is the policy decision of the Government to implement NPS. 3. As per the Judgment dated 27.02.2026 in WP(C) No. 37160/2023, the Hon'ble Court observed that the right of the petitioners would arise only upon their appointment in service. Since the petitioners were appointed after 01.04.2013, i.e., after the introduction of the National Pension System, they were found not entitled to the benefits of the Statutory Pension Scheme. Accordingly, the writ petition was dismissed as devoid of merit. 4. The representation submitted by the appellants in WA No. 714/2026 (Petitioners in WP(C) No. 37160/2023) and in compliance with the judgment dated 27.02.2026 in the said case, a hearing was conducted on 15.07.2026 at 11 AM in the cabin of Additional Secretary to Government, Finance (Pension-A) Department. 5. Government have examined the matter in detail and it is directed that, although the petitioners have applied for the post before 01.04.2013 in the respective vacancy, they will be continued in the existing National Pension System as they were appointed after 01.04.2013. 6. Thus Judgement of High Court of Kerala dated 27.02.2026 in WP (C) No.37160/2023 stands complied with. (By order of the Governor) HASEENA M. Deputy Secretary (Finance)