UNION OF INDIA; SECRETARY MINISTRY OF PERSONNEL P G AND PENSION, DEPARTMENT OF PERSONNEL AND TRAINING; CONTROLLER GENERAL OF DEFENCE ACCOUNTS; CDA (PD) MERRUT CANTT Vs. JOGINDER SINGH

JUDGEMENT

(1.) This writ petition is filed by the Union of India and others questioning the order made by the Central Administrative Tribunal, Chandigrah bench (Circuit Bench, Shimla) in O.A. No.1256-HP-2013 dated 30.03.2015 wherein application filed by the respondent was allowed.

(2.) Brief facts which are required to be stated are as follows:-

(3.) According to the said scheme on regularization of casual workers of central government offices are to come under new pension scheme, which was applicable to the persons appointed to the central government service on or after 01.01.2004. The respondent's services were regularized on 12.09.2008 as Peon in the pay scale of Rs.5200-20200 by order dated 05.09.2008. Thereafter deduction of GPF of the respondent was stopped. According to the respondent, the regularization granted in the year 2008 could not be treated as a fresh appointment so as to take away benefit of old pension scheme. The said stand was opposed by the appellants by contending that as per the instructions given as per new scheme dated 26.04.2004 , deduction of GPF was stopped and interest upto 30.04.2004 was allowed on GPF accumulation of the casual labourers, who were given temporary status as per DoPT OM dated 27.07.2004. The said temporary status employees derive the benefit of regular service only upto regularization against a regular post and after 01.01.2004, even regularly employed employees are entitled only to the contributory New Pension Scheme (NPS) and not pension and the service as casual labourer with temporary status would count for pension purpose only if he is eligible for pension.