Around 275 teachers had their state government jobs made permanent after January 1, 2010, and received the National Pension Scheme (NPS) instead of the Old Pension Scheme (OPS). This decision upset the teachers. They argued for OPS because they had started teaching before January 1, 2010, which is when the NPS became compulsory for J&K state government employees.
To understand this better: NPS became mandatory for central government employees starting January 1, 2004, and for J&K state government employees starting January 1, 2010. However, court rulings allowed certain central government employees who applied before 2004 but were recruited after 2004 to receive OPS. Similarly, the J&K state government also decided that some of their employees would be eligible for OPS even though their service regularisation or recruitment took place after 2010.
The teachers in this present case wanted to take advantage of this J&K state government circular which said certain employees can opt for OPS even if they were regularised after 2010. Thus the teachers accepted the fact that they were regularised after date NPS was made compulsory for government employees but the teachers made their case based on the fact that they were performing their job prior to 2010 and this aspect should have some weight into granting their request for getting OPS.
On October 6, the Central Administrative Tribunal, Srinagar accepted the teachers contentions and ordered them to apply for OPS but whether they get it or not it is upto them satisfying certain rules prescribed by a government notification (Government Order No. 305-F of 2026) and the Jammu and Kashmir Finance Department. The due date for applying is Decemeber 28, 2026.
Also read: J&K Old Pension Scheme: These employees can switch from NPS to OPS
Advocate Aarif Javid Khan representing these aggrieved J&K state government employed teachers were engaged in service prior to January 1, 2010 but they have been given NPS solely on the basis of the date the teachers were regularised.
Advocate Aarif Javid Khan contended that such a treatment is contrary to pension benefits available to similarly situated Rehbar-e-Taleem Teachers.
Advcoate Rais Ud Din Ganaie, DAG arguing on behalf of the J&K government said that the government has published a notification (Government Order No. 305-F of 2026) on September 28, 2026 issued by the Finance Department, Government of Jammu & Kashmir under which an one-time option to switch to OPS from NPS have been given to eligible employees.
The Government Order further provides that the eligible J&K state government employee is required to exercise the said option within a period of three months from the date of issuance of the Government Order, I.e. on or before December 28, 2026.
The Government Order also provides that, upon an eligible employee being brought under the Old Pension Scheme, the NPS account shall consequently be closed and the employee shall be required to subscribe to the General Provident Fund. The Government Order stipulates that the entire exercise, from the date of exercise of the option till closure of the NPS account, shall be completed within 120 days from the date of issuance of the order by the concerned Administrative Department.
Why did the teachers win the case?
Advocate Aditi Singhal,practicing in the Supreme Court of India, said to ET Wealth Online that the tribunal disposed of the original applications relying on the J&K's Government Order No. 305-F of 2026 (28.09.2026). The said Government Order introduced a 'one-time option' for NPS-covered employees, appointed against posts advertised or notified before the NPS notification of 24.12.2009, to move to the Old Pension Scheme.
Both sides having accepted disposal in terms of that order, the Tribunal found the grievance could appropriately be considered under this mechanism. It further granted liberty to the teachers to exercise the option within the stipulated period, and directed the competent authority to decide each case under the Government Order, subject to eligibility and entitlement.
Singhal says that the Tribunal has expressed no opinion on the merits, and all questions of fact and law were left open.
Central Administrative Tribunal discussion
The Central Administrative Tribunal said that in view of this subsequent development and new government order and pursuant to Council of Ministers Decision No. 129/11/2026 dated September 10, 2026, the Tribunal is of the view that the grievance raised by the teachers in this case can be considered as per said government order.
The said Government Order provides a specific mechanism for consideration of the cases of eligible employees for coverage under the Defined Pension Scheme (Old Pension Scheme), subject to fulfilment of the conditions and eligibility prescribed therein.
The tribunal said that it would, therefore, be appropriate to permit the teachers to avail the benefit of the said mechanism and have their respective claims considered by the competent authority in accordance with the aforesaid Government Order.
The tribunal clarified that they have expressed no opinion on whether the teachers can get OPS or not but ruled that the teachers can apply for OPS as per the said J&K government order.