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2023 Supreme(Online)(DEL) 3318

HIGH COURT OF DELHI
SHAFIQUR RAHMAN KIDWAI ASSOCIATION AND ANOTHER JAMIA MILIA ISLAMIA – Appellant
Versus
UNION OF INDIA AND OTHERS – Respondent


JUDGEMENT

JYOTI SINGH, J.

1. By this writ petition, Petitioners seek quashing of order dated 18.11.2019 as also a direction to the Respondents to count their entire service before regularization as qualifying service for grant of GPF and pension under the Old Pension Scheme (‘OPS’) i.e. under the CCS (Pension) Rules, 1972 (‘Pension Rules’) and for a declaration to discontinue the applicability of National Pension System (‘NPS’), with all consequential benefits. Relief is also sought to ante-date the regularization of the Petitioners premised on Resolution of Executive Council dated 05.07.2004 as done for similarly situated employees.

2. Facts to the extent necessary and relevant are that Petitioner No.1 is an Association of Jamia Millia Islamia, representing non-

teaching staff employed in different capacities in Jamia Millia Islamia (hereinafter referred to as ‘the University’) and Petitioner No.2 is an employee of the University. 76 members of the Petitioner Association (hereinafter referred to as ‘Petitioners’) were appointed on daily wages between the years 1993-97 and one in the year 2000. DoPT issued O.M dated 10.09.1993, formulating a Scheme known as “Casual Labourers (Grant of

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