The main legal point established in the judgment is that the National Pension System (NPS) is applicable only to new recruits entering service post 01.01.2004, and as the petitioners were appointed before this date, they cannot be governed by NPS.

JUDGMENT

Jyoti Singh, J.

1. By this writ petition, Petitioners seek quashing of order dated 18.11.2019 as also a direction to the Respondents to count their entire service before regularization as qualifying service for grant of GPF and pension under the Old Pension Scheme (`OPS') i.e. under the CCS (Pension) Rules, 1972 (`Pension Rules') and for a declaration to discontinue the applicability of National Pension System (`NPS'), with all consequential benefits. Relief is also sought to ante-date the regularization of the Petitioners premised on Resolution of Executive Council dated 05.07.2004 as done for similarly situated employees.

2. Facts to the extent necessary and relevant are that Petitioner No.1 is an Association of Jamia Millia Islamia, representing non-teaching staff employed in different capacities in Jamia Millia Islamia (hereinafter referred to as `the University') and Petitioner No.2 is an employee of the University. 76 members of the Petitioner Association (hereinafter referred to as `Petitioners') were appointed on daily wages between the years 1993-97 and one in the year 2000. DoPT issued O.M dated 10.09.1993, formulating a Scheme known as "Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993" (hereinafter referred to as the `1993 Scheme'), effective from 01.09.1993, which provided for conferring temporary status on all casual labourers, who were in employment on the date of issue of the O.M and had rendered a continuous service of at least one year i.e at least 240 days and this was without reference to the creation/availability of regular Group `D' posts. Petitioners made a representation for grant of temporary status but for want of completion of required number of days, the same was not conferred on them and granted to those eligible under the said Scheme.

3. A five-member Committee was constituted by the University vide order dated 04.02.2004 to consider regularization of the staff working on daily wages and the Committee recommended regularization of those employees who were fulfilling essential qualifications and had passed the trade test. Executive Council accepted the recommendations and regularised those had been working against permanent sanctioned posts for a long time, but this was independent of the 1993 Scheme. Petitioners were not regularized at that stage, though University revised the pay scales of the daily wagers on 01.12.2008. Meanwhile, OPS was discontinued and the concept of a Contributory Fund Scheme i.e. NPS was introduced w.e.f. 01.01.2004.

4. Petitioners were subsequently regularised pursuant to the recommendations of the Selection Committee of the University on different dates between the years 2013 to 2015. Pursuant to issue of O.Ms. dated 26.02.2016 and 28.07.2016 by DoPT, benefit of GPF and OPS was extended only to those daily wagers who were covered and granted temporary status under the 1993 Scheme and whose services were regularized on or after 01.01.2004. Representation was made to the University on 22.08.2017 to include the entire service of the Petitioners rendered on daily wages even without temporary status for regularization, however, there was no response.

5. In the meeting held on 12.09.2018, between the Association and Management of the University, it was agreed that 50% of the service rendered by the Petitioners as daily wagers would be counted as qualifying service for pensionary benefits under the Pension Rules. Petitioners did not, however, accept this in totality and sought counting of the entire service from the date of appointment as daily wagers as also for discontinuing the NPS, citing judgments of the Supreme Court and this Court.

6. On 18.11.2019, on the representation of the Petitioners, the Establishment Committee on approval of the Executive Council, passed an order counting only 50% of the daily wages service of employees regularized on or after 01.01.2004, but NPS continued to govern them for the purpo