#Old Pension Scheme

Railway employees appointed on compassionate grounds after 2004 can now claim benefits under the Old Pension Scheme, reversing earlier directives that denied them. This expands pension entitlements for senior staff hired under humanitarian considerations.

Bombay High Court rules part-time service qualifies as 50% of qualifying service for pension under the Old Pension Scheme, interpreting Rule 57 Note 1 of the Maharashtra Civil Services (Pension) Rules, 1982. The judgment clarifies eligibility for employees with part-time service seeking superannuation pension benefits.

Bombay High Court reinforces that government employees absorbed into Zilla Parishad service before the 01.11.2005 cut-off date are entitled to Old Pension Scheme benefits, quashing orders that denied such rights. The ruling underscores the binding nature of the cut-off date for pension eligibility under administrative law.

Bombay High Court rules that assistant teachers in 100% grant-in-aid schools, appointed and approved before 1 November 2005, are entitled to the Old Pension Scheme under Maharashtra Civil Services (Pension) Rules, 1982. The Court quashed rejection orders, reinforcing the cut-off date for pension benefits and setting a precedent for similarly placed employees.

J&K High Court rules that a candidate wrongfully excluded from a selection process despite higher merit must be granted notional seniority from the appointment date of peers, along with Old Pension Scheme benefits and refund of deductions. The judgment reinforces constitutional remedies for arbitrary exclusion in public employment.

Punjab & Haryana HC rules that employees with contract service before 01.01.2004 qualify for the Old Pension Scheme, even if regularized later. The ruling bars administrative attempts to apply the New Contributory Pension Scheme based on the regularization date, ensuring pension benefits align with the original appointment terms.

The Central Administrative Tribunal ruled that employees denied timely appointment due to unlawful administrative action are entitled to notional seniority, retrospective pay fixation, and Old Pension Scheme benefits as a matter of constitutional equity under Articles 14 and 16. This sets a critical precedent for thousands of similarly situated candidates across government services facing delayed regularization.

Daily wage employees regularized after 2004 are entitled to the Old Pension Scheme if their pre-regularization service was continuous. The Punjab & Haryana HC ruled that denying pension benefits based on post-2004 regularization violates settled law, ensuring financial security for thousands of government employees.

MP High Court rules that employees selected before 01.01.2005 are entitled to the Old Pension Scheme under MP Civil Services Pension Rules 1976, even if appointed later, if delays are attributable to administrative lapses. The judgment reinforces legitimate expectation and protects employees from being penalized for procedural delays beyond their control.

Rajasthan High Court rules that employees whose recruitment process commenced before 01.01.2004 are entitled to Old Pension Scheme benefits, even if appointment was delayed due to administrative or judicial proceedings. The ruling reinforces that arbitrary denial of pension benefits violates principles of equality and legitimate expectation for similarly situated employees.

Bombay High Court holds that employees appointed prior to 1.11.2005 in 100% grant-in-aid schools are entitled to old pension scheme, regardless of initial unaided division.

Telangana High Court holds that candidates selected before 2004 but appointed after implementation of NPS are entitled to Old Pension Scheme if delay was administrative.