PARA MEDICAL TECHNICAL STAFF WELFARE ASSOCIATION OF MCD AND ANR Vs. NORTH DELHI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions. The application stands disposed of.

(2.) The petitioner No. 2 Amit Jain was initially appointed as a casual labourer on 14.12.2001. The petitioner No.1 association espouses the cause of petitioner No. 2 and presses the petition in respect of others similarly situated as petitioner No.2.

(3.) The services of petitioner No.2 were regularised on 10.10.2008. The regularisation was made effective from 01.04.2006. The issue before the Tribunal was whether such like employees were entitled to be covered under the Old Pension Scheme or New Pension Scheme. There is no dispute that the members of the petitioner association and petitioner No.2 were entitled to be covered by a Pension Scheme, and the only issue was whether the said coverage would be under the Old Pension Scheme or the New Pension Scheme. In this regard, it is relevant to take note of, firstly, the office memorandum dated 26.02.2016 issued by the DoP&T on the subject of casual labourers with temporary status- clarification regarding contribution to GPF and Pension under the Old Pension Scheme. In so far as it is relevant, this office memorandum states as follows: