Pre-2010 contractual employees regularized post-2010 are eligible for Old Pension Scheme benefits based on judicial parity.

The twenty-two applicants were appointed as Teachers in the erstwhile District Pulwama following Advertisement Notification No. 01 of 2005, issued under the J&K Contractual Appointment Rules, 2003.

Although initially appointed for one year or until regular selections were made, their contracts were extended periodically as the respondents failed to conduct regular selections.

Following the enactment of the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010, the applicants’ cases for regularization were approved by the Empowered Committee. They were subsequently regularized via orders dated 12.05.2015 and 11.01.2017.

The applicants approached the court seeking regularization from the date of their initial contractual appointment or the completion of seven years of service (08.05.2013).

Their primary grievance is that prospective regularization from 2015 subjected them to the "New Pension Scheme" under SRO 400 (dated 24.12.2009), depriving them of the Old Pension Scheme benefits applicable to those appointed before 01.01.2010.

1. Whether the applicants are entitled to regularization with retrospective effect from the date of their initial appointment or the completion of the statutory period under the 2010 Act, rather than prospectively from the date of the regularization order.

2. Whether the applicants are entitled to the benefits of the Old Pension Scheme, given that their initial recruitment process and service commenced prior to the implementation of the New Pension Scheme via SRO 400.

J&K Contractual Appointment Rules, 2003, which governed the initial selection.

Sections 5, 6, and 10 of the Jammu & Kashmir Civil Services (Special Provisions) Act, 2010, which mandate the conditions and timelines for regularizing contractual staff.

SRO 400 dated 24.12.2009, which amended Article 167 of the J&K Civil Service Rules to introduce the "New Pension Scheme" for employees appointed or brought onto regular establishment on or after 01.01.2010.

Precedent set by the Hon’ble High Court of J&K in Ulfat Ara & Ors. v. State of J&K & Ors. (SWP No. 2147/2017) regarding similar service benefits.

The applicants argued that since they were recruited against clear vacancies through a formal selection process in 2006, they should be treated as part of the regular establishment from that date, or at least from the date they completed seven years of service in 2013.

They contended that administrative delays in the Empowered Committee's regularization process should not penalize them by shifting their pension entitlement from the Old Scheme to the New Contributory Pension Scheme.

The respondents countered that the applicants' contractual terms did not originally entitle them to preferential regular appointment and that, under SRO 400, any employee brought onto the regular establishment after 01.01.2010 is legally bound by the New Pension Scheme.

The Tribunal did not adjudicate on the merits of these arguments but observed that the applicants sought parity with the judgment in Ulfat Ara & Ors., which purportedly addressed identical circumstances.

It directed the respondents to consider and decide the applicants' case in accordance with the law and relevant rules.

Specifically, the respondents were ordered to examine if the applicants are squarely covered by the judgment in Ulfat Ara & Ors. v. State of J&K & Ors. and, if so, to grant similar benefits provided there is no legal impediment.

The respondents must issue a speaking and reasoned order within eight weeks of receiving the court’s order.