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 occurring after the cut-off period, as they cannot be treated as fresh entrants into government service.

ORDER

The writ petition is filed seeking the following relief :

“To direct the respondents to consider the representation dated 08.01.2025 and 02.03.2026 by directing the respondents to apply the Old Pension Scheme (defined benefit pension scheme) by taking into account the date of initial appointment as work charged employee on 27.09.1999 in terms of order passed by this Court in Writ Petition No.20154 of 2022 dated 19.02.2024 and Writ Petition Nos.17669, 17676, 17678, 17680 and 17683 of 2024 dated 04.07.2024 and Writ Petition No.21169 of 2024 dated 29.07.2024 within the time limits as fixed by this Court.”

2. The petitioner would submit that he was initially appointed as Part-time Contingent Multipurpose Helper in Ariyankuppam Commune Panchayat on consolidated pay basis on 27.10.1999, and thereafter, he was absorbed as Daily Rated Multipurpose Tank Operator on 20.02.2003. Subsequently, his services was regularised on 03.11.2011 and was appointed as Tank Operator. The petitioner had retired from service on attaining the age of superannuation on 31.08.2024. The grievance of the petitioner is that he was brought under the New Pension Scheme with came into effect on 01.01.2004, and was denied the benefit under the Old Pension Scheme.

3. The contention of the petitioner is that he was appointed into service on

27.10.1999, and since because he was absorbed in the regular post only on 03.11.2011, which is after the implementation of New Pension Scheme i.e. w.e.f. 01.01.2004, he cannot be termed as New Entrant into Government Service after 01.01.2004. Therefore, he pleads that he is fully entitled to be covered under the Old Pension Scheme and his regularisation in the year in 2011, was only due to delay and laches on the part of the respondents. Since the petitioner had been brought under New Pension Scheme, he had submitted representations to the respondents on 08.01.2025 and 02.03.2026 to consider him under the Old Pension Scheme and to grant him the pension benefits from

01.09.2024.

4. In support of his contention, the counsel for the petitioner drew the attention of this Court to the G.O.Ms.No.39/LAS/2007 Local Administration, Secretariat dated 17.07.2007, and the orders of this Court in W.P.No.20154 of 2022 dated 19.02.2024, W.P.Nos.17669, 17676, 17678, 17680 and 17683 of

2024 dated 04.07.2024 and W.P.No.21169 of 2024 dated 29.07.2024.

5. Heard the learned counsel on either side and also perused the materials placed on record.

6. The reading of G.O.Ms.No.39/LAS/2007 Local Administration, Secretariat dated 17.07.2007. issued by the Government of Puducherry would state that 50% of the service rendered by the persons in local bodies as casual labourers are to be counted for the purpose of grant of pension. Further, this Court has dealt with similar situation in W.P.No.20154 of 2022 dated 19.02.2024, W.P.Nos.17669, 17676, 17678, 17680 and 17683 of 2024 dated 04.07.2024 etc., and had held that the persons who were already employed either on daily wages or as temporary employee, prior to the implementation of New Pension i.e., 01.01.2004, but were however absorbed permanently into service after 01.01.2004, cannot be treated as fresh appointee for the purpose of applying New Pension Scheme and they should not be denied of their statutory right.

7. The dicta cited supra would apply on all fours to the case on hand.

Hence, a mandamus is issued to the respondents to consider the representations of the petitioner dated 08.01.2025 and 02.03.2026 and to grant the petitioner the pension benefits as per the Old Pension Scheme w.e.f. 01.09.2024, and to disburse the pension amounts due to the petitioner, within a period of two months from the date of receipt of a copy of this order.

8. With the above directions, the writ petition is