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2023 Supreme(Del) 4607

JYOTI SINGH
Ravindra Narayan Mishra – Appellant
Versus
Sri Guru Tegh Bahadur Khalsa College – Respondent


Advocates appeared:
Dr. Amar Nath and Mr. Santosh Kumra Sahu, Advocates, for the Petitioner in W.P.(C) 2060/2019 & W.P.(C) 9832/2018.
Mr. Santosh Kumar and Mr. Mohit Aggarwal, Advocates, for the Respondent-2 in W.P.(C) 2060/2019 & for the Respondent No.1 in W.P.(C) 9832/2018 & W.P.(C) 7007/2015.
Mr. Arjun Harkauli and Ms. Neha Verma, Advocates, for the Respondent-3 in W.P.(C) 9832/2018.
Mr. Mohinder J.S. Rupal and Ms. Shaifali Jain, Advocates, for the Respondent-2 in W.P.(C) 9832/2018.
Mr. Shanker Raju, Mr. Nilansh Gaur and Mr. Rajesh Sachdeva, Advocates, for the Petitioner in W.P.(C) 7007/2015.
Ms. Beenashaw N. Soni and Mr. Bhupesh Pandotra, Advocates, for the Respondent-2 in W.P.(C) 7007/2015.
Mr. Ravinder Aggarwal, Advocate, for the Respondent-4 in W.P.(C) 7007/2015.

JUDGMENT

Jyoti Singh, J. Present writ petitions have been filed by the Petitioners seeking directions to the Respondents to retain/cover the Petitioners in the General Provident Fund (`GPF')/Old Pension Scheme (`OPS') and not to treat them as employees covered under the New Pension Scheme (`NPS'). On account of similitude of the legal issues in the three writ petitions, they were heard together and are being decided by this common judgment. The differences in the facts are being adverted to separately hereinafter.

W.P.(C) 2060/2019

2. Petitioner was initially appointed on 21.10.1992 as ad-hoc Lecturer in Khalsa College for two months followed by ad-hoc appointment in Satyawati College between 1994-1995 and again as ad-hoc lecturer in Khalsa College, where he worked from 1995 to 30.04.2003. Pursuant to recommendation of a duly constituted Selection Committee, Petitioner was appointed as Lecturer on 13.03.2003 on temporary basis against the lien vacancy of Dr. (Mrs.) Jitinder Kaur and joined on 16.07.2003. Petitioner rendered continuous service till 27.08.2004 without any interruption.

3. Petitioner was absorbed on permanent basis in the college with effect from 27.08.2004 on the pos

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