it2025_00393 — Old Pension Scheme is applicable to casual labour employees brought on temporary status with effect from 1-9-1993 and their services regularized with effect from 30-6-2004 by Respondents contributing to the GPF account of such casual labourers, but not the New Pension Scheme issued under OM, dated 26-4-2004

IT Rules

Old Pension Scheme is applicable to casual labour employees brought on temporary status with effect from 1-9-1993 and their services regularized with effect from 30-6-2004 by Respondents contributing to the GPF account of such casual labourers, but not the New Pension Scheme issued under OM, dated 26-4-2004 — The chunk discusses an employee's contention that he should not be subjected to the New Pension Scheme introduced in 1994, as he had been granted temporary status in 1993. This was based on the argum... — Facts: The Applicant is working as Attendant (Group 'D') in the Department of Atomic Energy, Government of India, Northern Region. The Applicant was appointed as a Casual Labour and conferred temporary status with effect from 1-9-1993 and was regularized with effect from 30-6-2004. His services were confirmed with effect from 29-6-2005 by Order, dated 9-7-2007. He states that he enjoys contribution to GPF account as per Para. 5
(v) and
(vi) of the Scheme, 1993 and he is getting benefits of DA, HRA and CCA as applicable to Group 'D' employees. He was also given the benefit of counting his services for pension, Central Government Employees' Insurance Scheme, GPF, Medical Aid, LTC and all allowances applicable to a Group 'D' employee. Department of Personnel and Training introduced “New Pension Scheme - Modification Scheme for Grant of Temporary status vide OM, dated 26-4-2004. That modifications
(i) and
(ii) are reproduced in the judgment whereby deduction of General Provident Fund in the New Pension Scheme will not serve any useful purpose to continue as there is no provision in that new scheme. Further, no credit of casual service as specified in that scheme Para. 5
(v) shall be available to the casual labourers on their regularization against Group 'D' posts on or after 1-1-2004. In view of that, his contribution to GPF was stopped and he was brought under New Pension Scheme. His representation against that was represented before Director, AMD, Begumpet, Hyderabad and that representation was rejected by the impugned Order, dated 29-1-2011 as the Applicant was regularized on 30-6-2004 and he was brought under New Pension Scheme. That was resisted by the Respondents on the ground that the Applicant was regularized as per extant Recruitment Rules contained in the OM, dated 26-4-2004. OM, dated 26-4-2004 indicated that the New Pension Scheme defined contributions, the length of qualifying service for the purpose of retirement benefits, no credit of casual service shall be available to the casual labourers on their regularization against Group 'D' posts on or after 1-1-2004. Hence the claim of the Applicant was not considered. The Applicant submits that having conferred temporary status in 1993, he cannot be brought under New Pension Scheme, dated 26-4-2004. Some others similarly situated are enjoying contribution to GPF account whereas he is deprived of the same. He further invited the attention of the Tribunal to the Scheme of Casual Labourers for (Grant of Temporary Status and Regularization) Scheme, 1993 where some benefits were conferred. Para.
(v) is reproduced in this connection. But by introducing New Pension Scheme, dated 26-4-2004, the said provisions, were changed incorporating the scheme as noted in the judgment. The order of the High Court of Delhi in WP (C) No. 14247/2006 and connected WPs were passed against the orders of Central Administrative Tribunal. As per that judgment in which concerned paragraphs are reproduced, in Para. 8, it is seen that the Order, dated 26-4-2004 is quashed and the authorities are directed to follow the practice, whatever prevalent before issuing the impugned order. CAT / Principal Bench also quashed the OM, dated 26-4-2004 when some of the casual labourers approached the Principal Bench. Writ Petitions against the order of the Tribunal was also quashed by the High Court. For the Applicant similarly situated, similar benefits had to be given. The Counsel for the Respondent supported the OM, dated 26-4-2004 and hence the Applicant is not eligible to contribute to GPF account in terms of Old Pension Scheme, dated 26-4-2004.

IT Rules

Old Pension Scheme is applicable to casual labour employees brought on temporary status with effect from 1-9-1993 and their services regularized with effect from 30-6-2004 by Respondents contributing to the GPF account of such casual labourers, but not the New Pension Scheme issued under OM, dated 26-4-2004 — The chunk discusses an employee's contention that he should not be subjected to the New Pension Scheme introduced in 1994, as he had been granted temporary status in 1993. This was based on the argum... — Facts: The Applicant is working as Attendant (Group 'D') in the Department of Atomic Energy, Government of India, Northern Region. The Applicant was appointed as a Casual Labour and conferred temporary status with effect from 1-9-1993 and was regularized with effect from 30-6-2004. His services were confirmed with effect from 29-6-2005 by Order, dated 9-7-2007. He states that he enjoys contribution to GPF account as per Para. 5
(v) and
(vi) of the Scheme, 1993 and he is getting benefits of DA, HRA and CCA as applicable to Group 'D' employees. He was also given the benefit of counting his services for pension, Central Government Employees' Insurance Scheme, GPF, Medical Aid, LTC and all allowances applicable to a Group 'D' employee. Department of Personnel and Training introduced “New Pension Scheme - Modification Scheme for Grant of Temporary status vide OM, dated 26-4-2004. That modifications
(i) and
(ii) are reproduced in the judgment whereby deduction of General Provident Fund in the New Pension Scheme will not serve any useful purpose to continue as there is no provision in that new scheme. Further, no credit of casual service as specified in that scheme Para. 5
(v) shall be available to the casual labourers on their regularization against Group 'D' posts on or after 1-1-2004. In view of that, his contribution to GPF was stopped and he was brought under New Pension Scheme. His representation against that was represented before Director, AMD, Begumpet, Hyderabad and that representation was rejected by the impugned Order, dated 29-1-2011 as the Applicant was regularized on 30-6-2004 and he was brought under New Pension Scheme. That was resisted by the Respondents on the ground that the Applicant was regularized as per extant Recruitment Rules contained in the OM, dated 26-4-2004. OM, dated 26-4-2004 indicated that the New Pension Scheme defined contributions, the length of qualifying service for the purpose of retirement benefits, no credit of casual service shall be available to the casual labourers on their regularization against Group 'D' posts on or after 1-1-2004. Hence the claim of the Applicant was not considered. The Applicant submits that having conferred temporary status in 1993, he cannot be brought under New Pension Scheme, dated 26-4-2004. Some others similarly situated are enjoying contribution to GPF account whereas he is deprived of the same. He further invited the attention of the Tribunal to the Scheme of Casual Labourers for (Grant of Temporary Status and Regularization) Scheme, 1993 where some benefits were conferred. Para.
(v) is reproduced in this connection. But by introducing New Pension Scheme, dated 26-4-2004, the said provisions, were changed incorporating the scheme as noted in the judgment. The order of the High Court of Delhi in WP (C) No. 14247/2006 and connected WPs were passed against the orders of Central Administrative Tribunal. As per that judgment in which concerned paragraphs are reproduced, in Para. 8, it is seen that the Order, dated 26-4-2004 is quashed and the authorities are directed to follow the practice, whatever prevalent before issuing the impugned order. CAT / Principal Bench also quashed the OM, dated 26-4-2004 when some of the casual labourers approached the Principal Bench. Writ Petitions against the order of the Tribunal was also quashed by the High Court. For the Applicant similarly situated, similar benefits had to be given. The Counsel for the Respondent supported the OM, dated 26-4-2004 and hence the Applicant is not eligible to contribute to GPF account in terms of Old Pension Scheme, dated 26-4-2004.

Original Rule Text

Original Rule Text