New Delhi. Daily wage earners will also be entitled to get old pension. Even if they have been regularized after the new pension scheme, but if they are appointed before the new pension scheme comes into force. Then they will be eligible to get old pension. Actually, this case is related to Prayagraj Municipal Corporation employee Yachi Kamaluddin. He was appointed as a daily wage earner in the corporation in the year 1989. But he was regularized in the year 2008. It is to be noted here that the old pension scheme has been abolished since April 2005. As a result, the department did not consider him entitled to be given old pension.
Justice Saral Srivastava ordered that if the daily wage earner has been appointed before the implementation of the new pension scheme, then he is entitled to the old pension. Also, in the light of the Government Order dated July 17, 2019, the decision not to give old pension to the employee placed before the implementation of the new pension is wrong and misleading. It was said by the court that the date of appointment is important for pension and retirement benefits.
The appointment of an employee shall be deemed to be from the date on which he joins the service. However, the question also arose before the court as to whether an employee who was confirmed (regular) in service after April 1, 2005, should be considered entitled to old pension or not? In this regard, the court deliberated upon the precedent of the judgments of the Supreme Court passed in Prem Singh v State of UP and Kaushal Kishor Choubey. Along with this, the court ordered Prayagraj Municipal Corporation to pay all the dues related to the pension of the employee within three months of receiving the copy of the order.