The date of joining is the determining factor for the applicability of the New Pension Scheme, and the rules and instructions issued by the Central Government are to be followed in this regard.

The present writ petition impugns the order dated 10.5.2016 passed by the Principal Bench of the Central Administrative Tribunal, whereby O.A. No.1749/2015 filed by the petitioners has been dismissed.

2. The petitioners were appointed as Laboratory Assistants in the erstwhile Municipal Corporation of Delhi between July, 2004 and October, 2004. After trifurcation of the Municipal Corporation of Delhi, the petitioners were assigned to the North Delhi Municipal Corporation (Corporation for short).

3. The petitioners proclaim that they should be covered under the Central Civil Services (Pension) Rules, 1972 (herein after referred to as the Old Pension Scheme) and not under the New Contributory Pension Scheme, effective from 1.1.2004 (hereinafter referred to as the New Pension Scheme). The claim is predicated on the argument that they were appointed to posts in which vacancies had arisen in the year 2002-2003. The date of appointment being after 1.1.2004 would be inconsequential to decide the applicability of the old or new pension schemes to the petitioners. They attribute delay in appointment/joining to the respondents.

4. For the sake of clarity, we would like to state the relevant facts. On 27.12.2002, the respondent No.1 Corporation had requisitioned the Delhi Subordinate Services Selection Board (‘DSSSB’ for short), for filling up of various posts including the vacant posts of Laboratory Assistants. The advertisement inviting applications was published on 5.6.2003 and the written examination was conducted on 19.10.2003. The DSSSB had declared the results, vide Office Order No.109 dated 29.10.2003, and the dossiers of the selected candidates were sent to respondent No.1 Corporation by the DSSSB on 6.11.2003. The offer of appointment was made to the petitioners on 19.03.2004 and the petitioners were appointed to the post of Laboratory Assistants between July, 2004 and October, 2004.

5. The petitioners submit that the New Pension Scheme which was brought into effect from 1.1.2004 would not be applicable to the petitioners as they were recruited prior to 31.12.2003. There was no rational and basis for fixing 1.1.2004 as the cut off date for applicability of the New Pension Scheme and the date should be struck down as being violative and infringing Article 14 of the Constitution of India.

6. Learned counsel for the petitioners relies on the decision of the Supreme Court in Marripati Nagaraja & Others vs. Government of Andhra Pradesh & Ors.; (2007) 11 SCC 522 and the decision dated 28.06.2013 of the Central Administrative Tribunal, Ernakulam Bench in O.A. No.724/2012 titled P. Rajesh Kumar & Ors. vs. State of Kerala and the order dated 11.12.2013 in O.A. No.1869/2011 titled Rabinder Kumar Pattanayak vs. Union of India & Ors. decided by the Central Administrative Tribunal, Principal Bench, New Delhi.

7. We have considered contentions raised by the petitioners but do not find any merit in them.

8. The Delhi Municipal Corporation Service Regulations, 1959 apply to all municipal officers and employees, except those appointed under a contract, rendering part time service or earning daily wages. Regulation 4 (1) reads as under:-

“4. Conditions of service of municipal officers and other municipal employees-

(1) Unless otherwise provided in the Act or these Regulations, the Rules for the time being in force and applicable to Government servants in the service of the Central Government shall, as far as may be, regulate the conditions of service of municipal officers and other municipal employees except in respect of matters relating to provident funds, subject to the modifications that any reference in the Rules to a Government servant, the Consolidated Fund of India, the Civil Surgeon and the Medical Committee shall be construed as a reference respectively to a municipal officer or other municipal employees, the Municipal Fund, the Municipal Health Officer and Medical Board constituted by the Commissioner.”

As per the said Regulation