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SANJAY KUMAR MEDHI
BALABHADRA DAS S/O LATE SWARGESWAR DAS – Appellant
Versus
ASSAM POWER DISTRIBUTION COMPANY LTD. – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The instant petition filed under Article 226 of the Constitution of India is on the claim that the petitioners should be treated under the Old Pension Scheme (OPS) in connection with the service rendered by them with the Assam Power Distribution Company Ltd. (APDCL). As per the facts projected, the petitioners were initially appointed by the erstwhile ASEB in the period 1989 to 1995. Pertaining to the aspect of regularization of their service and parity of pay, the petitioners had approached this Court along with similarly situated persons in a number of writ petitions, the lead case being WP(C)/1234/2008 (Abdul Kadir and Another Vs. Central Assam Electricity Distribution Company). The said writ petitions were disposed of vide a judgment and order dated 11.12.2012. As per the petitioners, there was a direction for regularization of their service pursuant to which, in the year 2014, their services were regularized. The grievance of the petitioners, as indicated above, is regarding placing them under the New Pension Scheme. The petitioners claimed that since their initial appointments were prior to the introduction of the New Pension Scheme, they sh
The Court established that eligibility for pension schemes is determined by the timing and nature of appointments, with fresh appointments post-NPS not qualifying for OPS benefits.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
Employees appointed as temporary/daily wage workers prior to the implementation of the New Pension Scheme on 01.01.2004 are entitled to the Old Pension Scheme, regardless of their regularization date....
The date of appointment is crucial in determining entitlement to pension schemes, and petitioners appointed after the introduction of a new scheme are not entitled to the old scheme.
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