Employees regularized after New Pension Scheme commencement are ineligible for benefits under Old Pension Rules.

The original petitioner, a deceased employee of the Rajkot Municipal Corporation, filed a writ petition under Article 226 of the Constitution of India seeking pensionary benefits from his date of superannuation (30/06/2017) based on the Gujarat Civil Service (Pension) Rules, 2002, and a State Resolution dated 13/04/2009.

The petitioner was initially appointed as a daily wager and was later placed in a regular pay scale as a driver on 07/02/2006.

The Respondent-Corporation opposed the petition, contending that the New Pension Scheme (NPS) had come into force on 01/04/2005, prior to the petitioner’s regularization.

Consequently, the Corporation argued that the petitioner was ineligible for the old pension scheme.

1. Whether the petitioner is entitled to receive pensionary benefits under the Gujarat Civil Service (Pension) Rules, 2002, despite being regularized after the implementation of the New Pension Scheme.

2. Whether the legal heirs of the petitioner are entitled to benefits under the New Pension Scheme (NPS) if the old scheme is found inapplicable.

Gujarat Civil Service (Pension) Rules, 2002, which govern the entitlement to traditional pensionary benefits for state and municipal employees.

New Pension Scheme (NPS), which replaced the old pension rules for all employees entering regular service on or after 01/04/2005.

Article 226 of the Constitution of India to ensure equitable relief regarding the processing of alternative benefits.

The court observed that the petitioner’s claim for benefits under the 2002 Rules was predicated on his status as a permanent employee.

However, the evidentiary record established that the petitioner served as a daily wager until 07/02/2006, which is when he was first inducted into a regular pay scale.

Since the New Pension Scheme (NPS) became effective on 01/04/2005, the court reasoned that any employee regularized after that cutoff date is legally precluded from claiming benefits under the old 2002 Pension Rules.

The court noted that the petitioner failed to file a rejoinder to contest the Corporation's factual assertions regarding his date of regularization.

Nevertheless, the court acknowledged that if the petitioner was regularized under the NPS regime, the Corporation has a legal duty to provide the benefits flowing from that specific scheme.

The court directed that the legal heirs of the deceased petitioner may submit a representation to the Respondent-Corporation regarding benefits under the New Pension Scheme.

The Corporation was ordered to decide such representation in accordance with the law within one month of receipt and pass on any eligible benefits to the legal heirs.

The petition was disposed of with these directions.