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JYOTI SINGH
Shafiqur Rahman Kidwai Association Srka) – Appellant
Versus
Union of India – Respondent
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
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 b....
Temporary service rendered prior to 01.01.2004, followed by regularisation/absorption, counts towards qualifying service for pension under OPS, and such employees are not covered under NPS.
Casual labourers without temporary status cannot count 50% prior service for OPS; post-2004 regularization mandates NPS.
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
Employees recruited via advertisements issued under OPS, with process substantially completed pre-NPS, entitled to OPS despite delayed appointments due to administrative fault; NPS inapplicable retro....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
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