Employees completing 10 years of service prior to 31-03-2005 are entitled to the benefits of the Old Pension Scheme as per the Government Resolution dated 13-07-2015.

JUDGMENT :

A.Y. KOGJE, J.

1. This two petitions are arising out of the identical facts and are raising the same issues and hence, at the request of both the sides, the same are taken up for joint hearing and final disposal. With consent, the facts are recorded from the lead matter i.e. Special Civil Application No. 15922 of 2016.

2. This petition under Article-226 of the Constitution of India is filed with following prayers:

“(A) Be pleased to admit this petition.

(B) Be pleased to pass appropriate writ, orders and/or direction in the nature of mandamus by exercising powers under Article 226 of the Constitution quashing and setting aside the communication/order dated 4-12-2015 issued by the respondent no. 3 by declaring same as illegal, arbitrary, contrary to the GR dated 13-7-2015 and violative of Article 14 and 16 of the Constitution and further be pleased to hold and declare that, new pension scheme announced vide circular dated 21-3-2005 is not applicable to the petitioners and petitioners are entitled to receive pension according to old pension scheme under which all other the employees on the badli list prepared as on 1-4-1984 and regularized prior to 2005 (i.e. between 1988 and 2005) are drawing pension upon retirement after putting in more than 10 years of services.”

3. Essentially, the prayer of the petitioners is to treat the petitioners to have completed more than 10 years of service as on the date of 31-03-2005 and therefore, entitled to the pension under Old Pension Scheme.

4. Learned Advocate for the petitioners has taken this Court firstly through the Government Resolution dated 21-07-1989, wherein provision was made for putting ‘Badli Workers’ like the petitioners into regular pay scale, where the employees have been appointed and were working as on 01-04-1984.

5. Thereafter, learned Advocate for the petitioners has taken this Court to order dated 19-05-2005, which is sample order placed on record of petitioner No. 1 and submitted that all the petitioners before the Court, have been issued such order of 19-05-2005, where in the order itself, the Department has acknowledged of having completed 10 years of service treating the date of appointment as on 19-11-1982 as ‘Badli Employee’ and under that order, has placed the petitioner in the pay scale.

6. Thereafter, learned Advocate for the petitioners has taken this Court to the Government Resolution dated 13-07-2015, which is governing the Resolution for the purpose of this case and submitted that the Resolution clearly provides for two categories, to which pension is to be made applicable and submitted that such Resolution only provides that the employee, who has completed 10 years of service on 31-03-2005, would be entitled to the Pension under Old Pension Scheme, whereas those employees, who completed 10 years of service after 21-03-2005, would be entitled to the New Pension Scheme floated under the Government Resolution dated 21-03-2005.

7. Learned Advocate for the petitioners submitted that as on date, the petitioners are being treated under New Pension Scheme and are receiving an amount of Rs. 700/- to Rs. 1,000/- which otherwise, the petitioners would be entitled to more, if they are treated under the Old Pension Scheme.

8. Learned Advocate for the petitioners submitted that this Court in identical set of facts of one of the co-employees by Oral Judgment and order in case of Madhuben Mahendrabhai Mekwan vs. State of Gujarat passed in Special Civil Application No. 15358 of 2021 dated 04-03-2022, declared the petitioner therein entitled to the benefits under Old Pension Scheme.

9. Learned AGP has opposed to the grant of petitions and has referred to proposal made by the Civil Hospital considering the issues which were raised with the Hospital regarding claim made by the petitioners herein and had raised several issues before the State Government. It is submitted that the State Government had answered the proposal made by the Civil Hospital on 02-06-2017 in the reply of 1s