Jammu and Kashmir High Court Upholds Application of New Pension Scheme for Post-2010 Appointments

Petition to Count Adhoc Service for Pension Benefits under Old Rules Dismissed

In a significant ruling, the Jammu and Kashmir High Court, Srinagar Bench, has dismissed a petition challenging the application of the New Pension Scheme (NPS) to employees appointed after January 1, 2010. The petition, filed by Adnan Wani and others, sought the inclusion of their adhoc service years for pension benefits under the old pension rules. The court, comprising Justices Sanjeev Kumar and Sanjay Parihar, ruled that the petitioners, being regularized after 2010, are governed by the NPS and cannot claim pension benefits under the earlier scheme.

The petitioners, who were initially appointed as Orderlies on an adhoc basis, became eligible for regularization after completing seven years of continuous service as per the J&K Civil Services (Special Provisions) Act, 2010. They were regularized in 2014 and 2015, post the cutoff date of December 31, 2009, making them subject to the NPS as per SRO 400 of 2009. Despite their arguments that adhoc services rendered prior to their regularization should be counted as qualifying service under the old pension scheme, the court found the argument misconceived, emphasizing that they were appointed on a regular basis only after 2010.

In rejecting the petitioners' claim, the court referenced the unequivocal statutory provisions laid out in SRO 400 of 2009, which mandate that all employees appointed on or after January 1, 2010, are governed by the Defined Contributory Pension Scheme. The ruling underscores that adhoc services cannot be treated as qualifying service for pension benefits under the old rules when the employees are governed by the NPS.

The judgment highlights the distinction between adhoc service and regular appointment, clarifying that the petitioners' regularization was effected only upon the creation of supernumerary posts by the government in 2019, with retrospective regularization from 2014 and 2015. The court noted that the petitioners were not eligible for regularization before 2010, thus negating their claim under the old pension scheme.

The decision reiterates the legal framework established by SRO 400 of 2009, emphasizing the adherence to the new pension regulations for post-2010 appointments. This ruling serves as a precedent for similar cases, reinforcing the statutory provisions governing pension schemes and the criteria for qualifying service.

Bottom Line:

Employees appointed on regular establishment after 01.01.2010 are governed by the New Pension Scheme (NPS), and services rendered on adhoc basis prior to regularization cannot be counted as qualifying service for pension under old pension rules.

Statutory provision(s): SRO 400 of 2009, J&K Civil Services (Special Provisions) Act, 2010

Adnan Wani v. High Court of J&K & Ladakh, (Jammu And Kashmir)(Srinagar)(DB) : Law Finder Doc Id # 2805415