Fifty per cent of part-time Community Worker service must count toward pension, ACP/MACP, and consequential benefits.

The applicants, former part-time Community Workers, sought quashing of the respondents’ order dated 29 August 2022 and a direction to count their entire part-time service—Applicant No. 1’s service from 2 April 1983 to 19 July 1998 and Applicant No. 2’s service from 11 January 1984 to 14 February 2002—for pensionary, ACP/MACP and other consequential benefits.

They also relied upon the judgment in Krishan Kanta Sharma & Ors. v. EDMC & Ors., W.P. (C) No. 11200/2017, decided on 17 January 2020.

The respondents filed a counter-affidavit contesting the claim.

During the pendency of the O.A., the Corporation passed Resolution No. 80 dated 31 October 2023 and issued Circular dated 5 February 2024, approving the counting of 50% of service rendered as a part-time Community Worker for pensionary and ACP/MACP benefits, subject to verification of eligibility and service records.

In view of the Circular, the applicants agreed to accept counting of 50% of their service instead of the originally claimed 100%.

Whether the applicants were entitled to have their service as part-time Community Workers counted for pensionary, ACP/MACP and other consequential service benefits.

Whether, in light of the Corporation’s Resolution No. 80 dated 31 October 2023 and Circular dated 5 February 2024, 50% of the applicants’ part-time service could be counted for the aforesaid benefits.

The Tribunal applied the Corporation’s Resolution No. 80 dated 31 October 2023 and Circular dated 5 February 2024, under which 50% of service rendered by eligible part-time Community Workers is to be counted as qualifying service for pensionary benefits, ACP/MACP benefits and other consequential service benefits, subject to verification under the applicable rules and service records.

The Tribunal also proceeded on the principle that a conscious administrative decision extending a benefit to a class of similarly situated employees should be implemented in respect of all eligible persons falling within that class.

The respondents’ subsequent policy decision materially altered the position during the pendency of the proceedings.

The Circular expressly authorised counting of 50% of part-time Community Worker service for pensionary and ACP/MACP purposes, subject to scrutiny of the concerned employees’ service books, personal files and other records.

Since the applicants accepted this revised relief, and the respondents did not dispute its applicability to similarly situated eligible employees, the Tribunal held that the controversy could appropriately be resolved in accordance with the Circular rather than by adjudicating the applicants’ original claim for counting 100% of their service.

The entitlement was therefore made conditional upon verification and admissibility under the applicable rules.

The respondents were directed to undertake the necessary exercise and extend or release the consequential benefits within six months from receipt of a copy of the order.

The pending miscellaneous applications, if any, were also disposed of, with no order as to costs.