Judicial officers move Gujarat HC on PF, pension benefits

A division bench of justice VM Sahai and justice AJ Desai has admitted a petition of the Gujarat Judicial Service Association challenging a government resolution which states that judicial officers are not entitled to provident fund and pension benefits.

The association challenged the resolution issued by the government on March 18, 2005 stating that all state government employees, including those working in municipal corporations, panchayats and even judicial officers appointed after April 1, 2005, were not entitled to PF and pension benefits. It further stated that they will be entitled for pension only under the ‘new defined contribution pension scheme’.

The association challenged the notification stating that the resolution would not apply to them as they are not state government employees.

Hence, it argued that they were entitled to PF and pension benefits. They also wrote to the high court and the state government in the matter.

The high court also asked the government to clear its stand on the matter. The government reiterated its stand that the judicial officers were indeed state government employees and hence the resolution would apply to them.

The association then filed a writ petition, which was admitted by the high court.