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2024 Supreme(Online)(GUJ) 12693
HIGH COURT OF GUJARAT
A.S. SUPEHIA, MAUNA M. BHATT, JJ
STATE OF GUJARAT – Appellant
Versus
MADUKANT MARUTIRAO GAEKWAAD – Respondent
R/LETTERS PATENT APPEAL NO. 785 of 2024
Employees who completed 10 years of service before the cut-off date are entitled to benefits under the Old Pension Scheme, regardless of their regularization date.
Headnote:(A) Government Resolution dated 21.03.2005 - New Defined Contribution Pension Scheme - Government Resolution dated 17.10.1988 - Old Pension Scheme - Respondents, Badli workers since 1984, were denied Old Pension Scheme benefits upon retirement, being governed by New Pension Scheme post 01.04.2005. Court found that respondents completed 10 years of service before the cut-off date and were entitled to Old Pension Scheme benefits. (Paras 4, 21)
(B) Legal Principles - Entitlement to pension schemes based on completion of service before or after a specified cut-off date; the status of employees as regular or permanent is crucial for pension eligibility. (Paras 20, 21)
Facts of the case:
Respondents worked as Badli workers in Civil Hospitals since 1984 and were regularized post 01.05.2005. They claimed entitlement to Old Pension Scheme benefits based on their service duration prior to the cut-off date.
Findings of Court:
Respondents are entitled to Old Pension Scheme benefits as they completed 10 years of service before the cut-off date of 31.03.2005, despite being regularized after this date.
Issues: Whether the respondents are entitled to Old Pension Scheme benefits based on their service duration and the applicability of the cut-off date.
Ratio Decidendi: The court ruled that the respondents, having completed 10 years of service before the cut-off date, are entitled to Old Pension Scheme benefits, irrespective of their regularization date.
Result: Appeals dismissed.
COMMON CAV JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. All the captioned appeals emanate from the different judgement and orders passed by the learned Single Judges.
i) Letters Patent Appeal No.785 of 2024 emanates from the common judgement 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 judgement 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 judgement 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 judgement and order dated 04.03.2022 passed in Special Civil Application No.15358 of 2021.
2. In the common judgement 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 judgement 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 judgement 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 judgement 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 judgement of the Apex Court in the case of State of Gujarat vs. Public Works Department and Forest Employees Union , (2019) 15 S.C.C. 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
