S.N.PATHAK
Prem Kumar Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The petitioners have approached this Court with a prayer for a direction upon the respondents to extend the benefits of Old Pension Scheme to the petitioners in view of the fact that they have been appointed in the year, 1987, but they have been regularized w.e.f. 1997 and as such, their services fall within the ambit of Old Pension Scheme. Further, prayer has been made for a direction upon the respondents to make the payment of current salary of the petitioners.
2. The case of the petitioners lies in a narrow compass. The petitioners were appointed in the year, 1987 as muster roll employees to the post of Assistant Tubewell Khalasi. Later on, their services have been converted in work charge establishment in the year, 1992. Since then the petitioners performed their duties to the satisfaction of the respondent –authorities, but their services have not been regularized and as such, the petitioners have earlier approached this Court by filing a writ petition being W.P.(S) No. 1932/2017, which was disposed of vide order 27.08.2018 with a direction upon the respondents to regularize their services. In compliance thereof, the services of the petitioners were regularized w.e
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.
The main legal point established in the judgment is that the delay in regularizing the petitioners' services resulted in their deprivation of benefits under the Old Pension Scheme and the New Pension....
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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