Case Note & Summary
The writ appeals arose from the dismissal of writ petitions filed by the appellants, daily wage employees in the Public Works Department, who sought inclusion under the Old Pension Scheme and opening of General Provident Fund accounts. The appellants were engaged as daily wage employees on 01.03.1993 and 02.01.1993 respectively. Their services were regularised with effect from 01.07.2003 based on a government policy to regularise daily wage employees upon completion of 10 years of service. They accepted the regularisation and continued to serve. After a lapse of about 10 years, they made representations seeking the benefit of the Old Pension Scheme and GPF. When these were not acceded to, they filed writ petitions before the High Court. The Single Judge dismissed the writ petitions on 16.02.2026. Aggrieved by the dismissal, the employees filed the present writ appeals. The Division Bench heard the appeals, with the appellant represented by Mr. S. Senthilnathan and the respondents by Dr. R. Gouri. The core issue was whether the appellants, having been regularised after a long period of daily wage service, were entitled to the Old Pension Scheme. The court examined the history of their engagement and regularisation. However, the provided excerpt of the judgment does not contain the final decision or reasoning.
Headnote
A) Service Law - Pension - Entitlement to Old Pension Scheme for Regularised Daily Wage Employees - Policy decision to regularise daily wage employees on completion of 10 years of service - Appellants appointed as daily wage employees in 1993, regularised with effect from 01.07.2003, accepted regularisation - After about 10 years, sought inclusion under Old Pension Scheme and opening of GPF account - Single Judge dismissed writ petitions - (Para 2)
Issue of Consideration
Whether the appellant is entitled to be included under the Old Pension Scheme and have a General Provident Fund (GPF) account opened, despite being regularised as a daily wage employee after completing 10 years of service.
Law Points
- regularisation of daily wage employees
- old pension scheme
- general provident fund
