Employees regularized under pre-2004 schemes remain eligible for Old Pension Scheme benefits despite actual regularization after January 2004.

The applicant was appointed as a Seasonal Khalasi in 1983 and worked until 1991

The respondents discontinued his services in 1991, alleging he left voluntarily, a claim the applicant contested through multiple rounds of litigation

In O.A. No. 235/2005, the Tribunal quashed the respondents' refusal to regularize him, finding his 1991 removal erroneous and directing regularization on par with peers regularized in 1998

This order was upheld by the Hon’ble High Court of Karnataka in W.P. No. 15416/2006

Consequently, the applicant was regularized on 21.08.2006 and served until his superannuation on 30.06.2020

Upon retirement, he was denied benefits under the Old Pension Scheme (OPS) on the grounds that his regularization occurred after the 01.01.2004 cutoff for the New Pension Scheme (NPS)

1. Whether the applicant’s regularization on 21.08.2006 constitutes a fresh appointment post-2004 or a retrospective entitlement under the 1997 regularization scheme

2. Whether Seasonal Khalasis regularized after 01.01.2004 under the 1997 Scheme are eligible for the Old Pension Scheme (OPS) pursuant to the Office Memorandum dated 10.06.2016

Section 19 of the Administrative Tribunals Act, 1985

"Scheme for grant of temporary status and regularization of Seasonal Khalasis in the work-charged establishment of the Central Water Commission, 1997"

Central Water Commission Office Memorandum (OM) dated 10.06.2016, which clarifies that if a Seasonal Khalasi is regularized under the 1997 scheme, pension is admissible even if the regularization occurred after 01.04.2004

principle of res judicata regarding factual findings on the applicant’s service history previously decided by the High Court

The Tribunal noted that the applicant's service from 1983–1991 and the illegality of his subsequent removal were already settled by the High Court in the earlier round of litigation; thus, the respondents could not re-agitate those facts

The court reasoned that the applicant's regularization in 2006 was not a "new incident of appointment" but a corrective measure taken under the 1997 Scheme following judicial intervention

Since the applicant was regularized under the 1997 Scheme, the Tribunal held he fell squarely within the exception carved out by the OM dated 10.06.2016, which explicitly allows OPS benefits for such employees regularized after the NPS commencement date

The Tribunal further observed that the applicant held a "service lien" continuing from his initial 1983 appointment, which was restored through court orders

The respondents were directed to implement the order within twelve weeks and pay simple interest at 6% per annum on the arrears due