The Allahabad High Court has made a decision granting assistant teachers selected through an advertisement issued before the New Pension Scheme (NPS) implementation the privilege of the old pension system. Despite the government's stance that these appointments occurred post-NPS implementation and hence should be under the new scheme, the court dismissed this argument, affirming their eligibility for the older pension structure.

Justice Vikas issued this order on multiple petitions, including Nandlal Yadav's, directing the provision of the old pension scheme benefits to teacher petitioners employed after the new pension scheme's implementation under advertisement number one 2002. Initially, it was argued that since all assistant teachers were hired after April 1, 2005, they fell under the new scheme and weren't eligible for the old pension benefits. However, this assertion was contested and challenged in court.

Advocate Alok Kumar Yadav contended that while all other selected teachers were enjoying the privileges of the old pension scheme, the petitioners were being denied this advantage unfairly. He highlighted that appointments for other assistant teachers were finalized even before the new pension scheme came into effect. The petitioners, unfortunately, were barred from joining due to an error made by the department.

The recruitment process for assistant teachers took place in 2002, followed by interviews on November 29, 2004, and the subsequent announcement of results on December 24, 2004. After the results were declared, a majority of the teachers received appointment letters and commenced their roles. However, the petitioners were prevented from joining their assigned positions by the college management despite their rightful placements.

Following board intervention, the petitioner eventually secured a position at Kashiraj Mahavidyalaya Inter College, Aurai Sant Ravidas Nagar. However, due to the petitioner's appointment and subsequent joining on April 15, 2005, occurring post-implementation of the new pension scheme, they were denied access to the benefits of the old pension scheme.

The High Court dismissed the state government's argument asserting that appointments were made after the new pension scheme's implementation as incorrect or flawed.