Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1429

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, MAUNA M. BHATT, JJ.
STATE OF GUJARAT – Appellant
Versus
MADUKANT MARUTIRAO GAEKWAAD – Respondent
Letters Patent Appeal Nos. 771, 772, 773, 785 of 2024, Special Civil Application Nos. 14717, 15922 of 2016, Special Civil Application No. 1598 of 2023, Special Civil Application No. 15358 of 2021, Civil Application (For Stay) No. 1 of 2024
Decided On : 29-08-2024

Advocates:
Advocate Appeared:
For the Appellants : MANISHA LUVKUMAR, JAY TRIVEDI.
For the Respondents: G.M. JOSHI, PRADEEP PATEL, KIRTIDEV R. DAVE.

IMPORTANT POINT
Employees who complete 10 years of service before the cut-off date are entitled to the Old Pension Scheme, regardless of subsequent formal appointment dates.

Headnote:
Pension - Badli Workers - Government Resolutions - The court interpreted various government resolutions regarding pension schemes, emphasizing the entitlement of employees who completed 10 years of service before the cut-off date for the Old Pension Scheme, influencing the decision to uphold their claims.
Fact of the Case:
Respondents, Badli workers since 1984, were granted pensions under the New Pension Scheme upon retirement. They contested this, seeking benefits under the Old Pension Scheme, which the State denied, citing their appointment after the cut-off date for the New Pension Scheme.
Finding of the Court:
The court found that the respondents had completed 10 years of service before the cut-off date and were entitled to the Old Pension Scheme, as their regularization was based on prior service, despite the formal appointment occurring after the cut-off.
Issues: Whether the respondents, who were regularized after the cut-off date for the New Pension Scheme, are entitled to benefits under the Old Pension Scheme based on their prior service.
Ratio Decidendi: The court held that the entitlement to the Old Pension Scheme is based on the completion of 10 years of service before the cut-off date, regardless of the timing of formal appointment, thus affirming the respondents' rights.
Result: The Letters Patent Appeal was dismissed, affirming the respondents' entitlement to the Old Pension Scheme.

JUDGMENT :

A.S. SUPEHIA, J.

1. All the captioned appeals emanate from the different judgment and orders passed by the learned Single Judges:

(i) Letters Patent Appeal No. 785 of 2024 emanates from the common judgment and order dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016.

(ii) Letters Patent Appeal No. 772 of 2024 emanates from the judgment and order dated 02.03.2023 passed in Special Civil Application No. 1598 of 2023.

(iii) Letters Patent Appeal No. 773 of 2024 emanates from the common judgment and order dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016.

(iv) Letters Patent Appeal No. 771 of 2024 emanates from the judgment and order dated 04.03.2022 passed in Special Civil Application No. 15358 of 2021.

2. In the common judgment dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016, the learned Single Judge has placed reliance on the judgment dated 04.03.2022 passed in Special Civil Application No. 15358 of 2021 (Madhuben Mahendrabhai Mekwan vs. State of Gujarat). In the said writ petition, being Special Civil Application No. 15358 of 2021, the learned Single Judge has placed reliance on the decision dated 03.03.2022 passed in Special Civil Application No. 8155 of 2019. In the judgment dated 02.03.2023 passed in Special Civil Application No. 1598 of 2023 (Letters Patent Appeal No. 772 of 2024), the learned Single Judge has placed reliance on the judgment dated 04.03.2022 passed in the case of Madhuben Mahendrabhai Mekwan (supra).

3. Since the learned advocates for the respective parties have premised their submissions on Letters Patent Appeal No. 785 of 2024, the same is taken as a lead matter.

BRIEF FACTS:

4. The respondents are Badli workers, who are working since 1984 in the Civil Hospitals either as Aya, Ward Servant or Peon etc. On their retirement, they are granted pension as per the New Defined Contribution Pension Scheme instead of Old Pension Scheme. The learned Single Judges have allowed their prayers of considering them under the Old Pension Scheme. It is the case of the State that the respondent-employees, who are initially appointed as Badli Workers at different Government Civil Hospitals, are not entitled to pension, as per the Old Pension Scheme, but are entitled to New Pension Scheme, as per the Government Resolution dated 21.03.2005 w.e.f. 01.04.2005.

SUBMISSIONS ON BEHALF OF THE APPELLANT-STATE:

5. Learned Additional Advocate General Ms. Luvkumar has submitted that all the respondent-employees (original petitioners) were granted the benefits of the Government Resolution dated 17.10.1988 after cut-off date of 01.04.2005 i.e. New Pension Scheme and hence, their case is to be governed by the New Pension Scheme instead of Old Pension Scheme. She has placed reliance on the judgment of the Apex Court in the case of State of Gujarat vs. Public Works Department and Forest Employees Union, (2019) 15 SCC 248. By placing reliance on the Government Resolution dated 21.03.2005, more particularly on paragraph No. 2 thereof, it is submitted that since the respondent-employees are placed in a regular pay- scale, after cut-off date i.e. 01.04.2005 and they are treated as the regular employees, their cases would be governed by the New Pension Scheme and hence, it is urged that the learned Single Judges fell in error in directing the State to treat them under the Old Pension Scheme.

6. While referring to the Government Resolution dated 16.05.2005, which has been issued pertaining to the respondent-employees, who are working as Badli Workers in different Government Civil Hospitals, learned Additional Advocate General has contended that the respondent- employees can be considered as regular employees only after they complete 10 years of service, as envisaged in the Government Resolution dated 17.10.1988. She has submitted that as per