AI Overview...
-
Old Pension Scheme (OPS) Eligibility - Employees appointed prior to 01.01.2004, including those regularly appointed after initial ad-hoc or temporary service, are generally covered under the Old Pension Scheme, provided their service is regularized and continuous. Regularization of temporary or ad-hoc service prior to this date counts towards pension eligibility Ravindra Narayan Mishra VS Sri Guru Tegh Bahadur Khalsa College - Delhi, P. Shanmugam vs The Special Director General (Chennai) - Central Administrative Tribunal, P. K. Cherian vs Union of India - Central Administrative Tribunal.
-
Impact of New Pension Scheme (NPS) - The NPS was introduced for new appointments post-01.01.2004, and employees appointed after this date are typically governed by the NPS, which is distinct from the OPS. Fresh appointments under NPS after its implementation deny eligibility for OPS benefits BALABHADRA DAS S/O LATE SWARGESWAR DAS VS ASSAM POWER DISTRIBUTION COMPANY LTD. - Gauhati, Sameena vs UT of J & K through Commissioner/Secretary, Law, Justice & Parliamentary Affairs - Jammu and Kashmir.
-
Regularization and Pension Rights - Regularization of service, even if post-appointment, can entitle employees to OPS if the appointment was made before the cutoff date. Courts and tribunals have upheld claims for OPS based on regularized service, emphasizing that continuous and regularized service prior to 2004 qualifies employees for old pension benefits P. Shanmugam vs The Special Director General (Chennai) - Central Administrative Tribunal, P. K. Cherian vs Union of India - Central Administrative Tribunal, Shri Sachin Kumar vs Union of India through the Secretary, Department of Defence Production, Ministry of Defence - Central Administrative Tribunal.
-
Legal Precedents - Judicial decisions affirm that employees appointed before 01.01.2004, whose temporary or ad-hoc service was regularized, are eligible for OPS. Conversely, employees appointed after the scheme's cutoff date, especially under fresh appointments post-NPS, are not entitled to OPS benefits Rupak Chandra Kalita, S/o Late Gajen Kalita VS State of Assam - Gauhati, P. Shanmugam vs The Special Director General (Chennai) - Central Administrative Tribunal.
-
Special Cases and Exceptions - Certain categories, such as faculty members or daily wagers, have been granted OPS benefits upon regularization or based on specific orders and notifications, reaffirming that regularization status is a key factor in pension eligibility DR. ANITA AGARWAL Vs UNIVERSITY OF DELHI & ORS. - Delhi, Sameena vs UT of J & K through Commissioner/Secretary, Law, Justice & Parliamentary Affairs - Jammu and Kashmir.
Analysis and Conclusion
Employees appointed before 01.01.2004 and subsequently regularized are generally eligible for the Old Pension Scheme, even if their initial appointment was on ad-hoc or temporary basis. The key determinant is the date of appointment and whether the service was regularized before the implementation of NPS. Fresh appointments made after NPS's introduction are typically governed by the new scheme, and regularization alone does not confer OPS eligibility if the appointment was post-2004. Courts and tribunals have consistently upheld the entitlement to OPS for eligible employees based on their appointment date and regularization status, emphasizing that the pension scheme depends on these chronological and procedural factors.
Search Results for "Regularisation Order Mentioned Nps so can t Give Old Pension Pension Scheme"
2023 0 Supreme(Del) 4607 • India - Delhi
JYOTI SINGH
PENSION - OLD PENSION SCHEME (OPS) - NEW PENSION SCHEME (NPS) - COVERAGE - TEMPORARY/AD-HOC APPOINTMENT - REGULARISATION - QUALIFYING ... Temporary service rendered prior to 01.01.2004, followed by regularisation/absorption, counts towards qualifying service for pension ... - APPLICABILITY OF NPS TO NEW ENTRANTS - EMPLOYEES APPOINTED PRIOR TO 01.01.2004 - CONTINUOUS SERVICE - REGULARISAT....
2025 Supreme(Online)(CAT) 11363 • India - Central Administrative Tribunal
M. Swaminathan, J
Pension Scheme after his regularization in 2006. ... eligibility under the Old Pension Scheme and quashed the rejection. ... (A) Central Civil Services (Pension) Rules, 1972 - Employees appointed prior to 01.01.2004 - Coverage under Old Pension Scheme - ... be deemed to be in service prior to 01.01.2004, hence he will be governed by old pension Scheme. ... They ....
2024 0 Supreme(Cal) 847 • India - Calcutta
PARTHA SARATHI CHATTERJEE
Pension Scheme. ... Pension Scheme. ... (GPF) and coverage under the old pension scheme governed by the Central Civil Service (Pension) Rules, 1972. ... He contends that the petitioners cannot claim to be governed under the old pension scheme. ... and (ii) whether the petitioners shall be entitled to claim coverage under the Old Pension Scheme ....
2024 0 Supreme(Gau) 1050 • India - Gauhati
SANJAY KUMAR MEDHI
in 2014 constituted fresh appointments under the New Pension Scheme, thus denying their claim for the Old Pension Scheme. ... were critical in determining eligibility for the Old Pension Scheme, emphasizing that fresh appointments post-NPS do not qualify ... Scheme, are entitled to benefits under the Old Pension Scheme based on their initial appointment dates. .....
2024 Supreme(Online)(DEL) 32623 • India - High Court of Delhi
MS. JUSTICE JYOTI SINGH, J
under Old Pension Scheme (OPS) - Petitioner served as Lecturer from 1995 to 2021, promoted to various positions, and claimed pension ... scheme purposes. ... (A) Constitution of India - Article 226 - Central Civil Service (Pension) Rules, 1972 - Writ petition for entitlement to pension ... This committee recommends for extending the benefit of Old Pension Scheme to these 23 faculty members after approval by the Com....
2025 Supreme(Online)(CAT) 11527 • India - Central Administrative Tribunal
M. Swaminathan, M (J), Sisir Kumar Rathod, M (A)
(A) CCS (Pension) Rules, 1972 - Rule 17 - Service regularization - Counting of prior ad-hoc service for pension eligibility - The ... Precedents indicate that uninterrupted service prior to regularization holds significant weight in determining pension eligibility ... applicant's ad-hoc period from 17.08.1982 to 30.06.1986 should be counted towards qualifying service for pension as he was continuously ... They have represented for applicability of Old Pensio....
2025 Supreme(Online)(J&K) 740 • India - High Court of Jammu and Kashmir
Sanjeev Kumar, Sanjay Parihar, JJ
to the old pension scheme due to his regularization status effective from the date of service commencement, leading to the release ... (Paras 7, 8, 12) ... ... (B) Pension Schemes - The deceased employee is entitled ... (A) SRO-64 of 1994 - Regularization of services for daily wagers in government departments - The Government Order denying monetary ... New Pension Scheme [“NPS”]. ... The Account....
2025 Supreme(Online)(CAT) 6080 • India - Central Administrative Tribunal
AJAY PRATAP SINGH, J
(A) Administrative Tribunals Act, 1985 - Old Pension Scheme - Central Civil Services (Pension) Rules, 1972 (now Rules 2021) - The ... Pension Scheme under similar circumstances. ... Pension Scheme, affirming that the applicants were eligible as their recruitment was based on a notification prior to the NPS cutoff ... dated 10.04.2023, all the applicants are eligible for Old Pension Schem....
2023 0 Supreme(Gau) 148 • India - Gauhati
DEVASHIS BARUAH
to pension under old rules or new scheme - Grouped petitioners based on nature of appointments - Found Stipendiary Teachers entitled ... cases of regularization post-01.02.2005 governed by new scheme. ... (A) Assam Services (Pension) Rules, 1969 - New Pension Scheme, 2009 - Pension entitlements - Court examined entitlement of petitioners ... they would be covered by the Old Pension Schem....
2025 0 Supreme(Gau) 279 • India - THE HIGH COURT OF GAUHATI AT GUWAHATI (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
Ratio Decidendi: The court ruled that the petitioner's rights to pension benefits under the Old Pension Scheme ... was entitled to benefits under the Old Pension Scheme as he was appointed before the new rules came into effect. ... Findings of Court: The petitioner is entitled to the Old Pension Scheme benefits from ... authorities are not in a position to provide him the scope to bring his service under the #HL....
Filter by Legal Phrase
