GEETA DEVI Vs. EXPORT INSPECTION COUNCIL

JUDGEMENT

(1.) This intra-court appeal has been instituted by the employees or their (legal representatives) of the Export Inspection Council (hereinafter referred to as the 'Council'), a statutory body created under an Act of Parliament, namely, Export (Quality Control and Inspection) Act, 1963 (hereinafter referred to as the 'Act, 1963'), assailing the judgment and order dtd. 21/9/2023 passed by the learned Single Judge whereby, W.P.(C) 11407/2021 filed by the appellants, has been dismissed and their claim relating to their entitlement to be paid pension in terms of Central Civil Service (Pension) Rules, 1972 (hereinafter referred to as the 'Rules, 1972') which is commonly known as Old Pension Scheme, (hereinafter referred to as the 'OPS') has not been acceded to.

(2.) The following chart gives the details of initial joining/engagement of the appellants, date of completion of 240 days/1 year, date of granting contractual status, date of their alleged regularisation and date of superannuation. S.No. Name Date of Joining on Daily/Casual Basis (3) Date of completing 240 days / 1 year(4) Date of Granting Contract Status (5) Date of Regularization (6) Date of Superannuation 1. Ms. Geeta Devi W/o Late Sh. Man Singh, under his late husband 7/2/1986 7/10/1986/6/2/1986 25/9/1991 12/3/2007 Died on job on 21/7/16 2. Sh. Godhan Singh Bist 26/11/1985 1/8/1986 25/11/1986 25/9/1991 20/2/2007 Working 3. Sh. Yuvraj Vikas 20/4/1992 20/12/1992 19/3/1993 1/9/1993 [Temporary] 6/1/2009 Working 4. Sh. V.J. Methews 10/3/1986 10/11/1986 9/3/1987 29/10/1992 4/11/2008 30/4/2020 5. Sh.M. Sreekumar 16/7/1986 16/3/1987 15/7/1987 29/10/1992 4/11/2008 31/3/2015 6. Sh. K.V. Rajendran 8/4/1986 8/12/1986 31/10/1992 15/3/2007 29/11/2019

(3.) The appellants case as set up by them is that though, they were regularised on different dates between the period from 20/2/2007 to 6/1/2009, however, they ought to have been regularised under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993 (hereinafter referred to as the 'Scheme 1993'), notified by the Department of Personnel and Training, Government on India (hereinafter referred to as the 'DoPT'), promulgated vide circular dtd. 10/9/1993, and accordingly, they ought to have been given the benefit of pension under the OPS and not under the New Pension Scheme (hereinafter referred to as the 'NPS'), which was introduced with effect from 1/1/2004.