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2024 DIGILAW 1780 (GUJ)

STATE OF GUJARAT v. MADUKANT MARUTIRAO GAEKWAAD

2024-08-29

A.S.SUPEHIA, MAUNA M.BHATT

body2024
JUDGMENT : A.S. SUPEHIA, J. 1. All the captioned appeals emanate from the different judgment and orders passed by the learned Single Judges: (i) Letters Patent Appeal No. 785 of 2024 emanates from the common judgment and order dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016. (ii) Letters Patent Appeal No. 772 of 2024 emanates from the judgment and order dated 02.03.2023 passed in Special Civil Application No. 1598 of 2023. (iii) Letters Patent Appeal No. 773 of 2024 emanates from the common judgment and order dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016. (iv) Letters Patent Appeal No. 771 of 2024 emanates from the judgment and order dated 04.03.2022 passed in Special Civil Application No. 15358 of 2021. 2. In the common judgment dated 30.09.2022 passed in Special Civil Application No. 15922 of 2016 with Special Civil Application No. 14717 of 2016, the learned Single Judge has placed reliance on the judgment dated 04.03.2022 passed in Special Civil Application No. 15358 of 2021 (Madhuben Mahendrabhai Mekwan vs. State of Gujarat). In the said writ petition, being Special Civil Application No. 15358 of 2021, the learned Single Judge has placed reliance on the decision dated 03.03.2022 passed in Special Civil Application No. 8155 of 2019. In the judgment dated 02.03.2023 passed in Special Civil Application No. 1598 of 2023 (Letters Patent Appeal No. 772 of 2024), the learned Single Judge has placed reliance on the judgment dated 04.03.2022 passed in the case of Madhuben Mahendrabhai Mekwan (supra). 3. Since the learned advocates for the respective parties have premised their submissions on Letters Patent Appeal No. 785 of 2024, the same is taken as a lead matter. BRIEF FACTS: 4. The respondents are Badli workers, who are working since 1984 in the Civil Hospitals either as Aya, Ward Servant or Peon etc. On their retirement, they are granted pension as per the New Defined Contribution Pension Scheme instead of Old Pension Scheme. The learned Single Judges have allowed their prayers of considering them under the Old Pension Scheme. The respondents are Badli workers, who are working since 1984 in the Civil Hospitals either as Aya, Ward Servant or Peon etc. On their retirement, they are granted pension as per the New Defined Contribution Pension Scheme instead of Old Pension Scheme. The learned Single Judges have allowed their prayers of considering them under the Old Pension Scheme. It is the case of the State that the respondent-employees, who are initially appointed as Badli Workers at different Government Civil Hospitals, are not entitled to pension, as per the Old Pension Scheme, but are entitled to New Pension Scheme, as per the Government Resolution dated 21.03.2005 w.e.f. 01.04.2005. SUBMISSIONS ON BEHALF OF THE APPELLANT-STATE: 5. Learned Additional Advocate General Ms. Luvkumar has submitted that all the respondent-employees (original petitioners) were granted the benefits of the Government Resolution dated 17.10.1988 after cut-off date of 01.04.2005 i.e. New Pension Scheme and hence, their case is to be governed by the New Pension Scheme instead of Old Pension Scheme. She has placed reliance on the judgment of the Apex Court in the case of State of Gujarat vs. Public Works Department and Forest Employees Union, (2019) 15 SCC 248 . By placing reliance on the Government Resolution dated 21.03.2005, more particularly on paragraph No. 2 thereof, it is submitted that since the respondent-employees are placed in a regular pay- scale, after cut-off date i.e. 01.04.2005 and they are treated as the regular employees, their cases would be governed by the New Pension Scheme and hence, it is urged that the learned Single Judges fell in error in directing the State to treat them under the Old Pension Scheme. 6. While referring to the Government Resolution dated 16.05.2005, which has been issued pertaining to the respondent-employees, who are working as Badli Workers in different Government Civil Hospitals, learned Additional Advocate General has contended that the respondent- employees can be considered as regular employees only after they complete 10 years of service, as envisaged in the Government Resolution dated 17.10.1988. She has submitted that as per the instructions received by her, none of the respondent-employees have completed 240 days for 10 years and hence, they cannot be conferred the benefits of the Old Pension Scheme. She has submitted that as per the instructions received by her, none of the respondent-employees have completed 240 days for 10 years and hence, they cannot be conferred the benefits of the Old Pension Scheme. It is submitted that the learned Single Judges have primarily placed reliance on the decision dated 04.03.2022 rendered in the case of Madhuben Mahendrabhai Mekwan (supra) however, the said decision will not apply in the case of the respondent-employees. 7. It is further submitted by the learned Additional Advocate General that since the Government Resolution dated 16.05.2005 in fact, is introduced after cut-off date of 01.04.2005, and the respondent-employees have been placed in the regular pay-scale and appointed as regular employees pursuant to such Government Resolution, they cannot be conferred the benefits of Old Pension Scheme but instead they would be governed by the provisions of New Pension Scheme. It is submitted that pursuant to the issuance of the Government Resolution dated 16.05.2005, the respondents by an order dated 19.05.2005 have been appointed on regular posts of Ward Servant/Aaya and other posts and are placed in the pay-scale of Rs.2550-3200/-. It is submitted that the status of the respondents as regular employees has only come into force on 19.05.2005, which is after the cut-off date of 01.04.2005 and hence, they cannot be considered for the Old Pension Scheme. Finally, it is submitted that the respondents are already granted pension in view of New Pension Scheme, however, they are not entitled to pension as per the Old Pension Scheme. Thus, it is submitted that the present appeals may be allowed by quashing and setting aside the judgment and orders passed by the learned Single Judges. SUBMISSIONS ON BEHALF OF THE RESPONDENT-EMPLOYEES 8. Learned Senior Advocate Mr. G.M. Joshi appearing for the respondent-employees has submitted and urged that the impugned judgment and orders passed by the learned Single Judges may not be interfered with as the same are precisely passed, after examining the status of the respondents. He has submitted that in the year 1989 vide Government Resolution dated 21.07.1989, the State Government directed the competent authorities to regularize the Badli Workers, who have been appointed in four different Government Civil Hospitals in phase- wise manner. He has submitted that the respondents were employed in various Government Civil Hospitals either as Aaya or Ward Servant or Peons etc. and they are working since 01.04.1984. He has submitted that the respondents were employed in various Government Civil Hospitals either as Aaya or Ward Servant or Peons etc. and they are working since 01.04.1984. It is submitted that as per the averments of the said Government Resolution, it was decided by the State Government initially by the Government Resolution dated 29.05.1984 to absorb 113 Badli Workers, who have completed 365 days and for the rest of them, it was decided to absorb them in a phased manner. Ultimately, it is submitted that by the Government Resolution dated 16.05.2005, it appears that all the Badli Workers were regularized and it was decided by the State Government that the Badli Workers, who satisfy the requirements of the Government Resolution dated 17.10.1988, are to be appointed by considering their cases as “special cases” and they are to be regularized w.e.f. 01.05.2005. Ultimately, all the Badli workers were regularized by various orders passed between 19.05.2005 and June, 2005. 9. While inviting attention of this Court to the appointment order dated 19.05.2005, learned Senior Advocate Mr. Joshi has submitted that the said order categorically records that all the respondents have completed more than 10 years of service and hence, they are appointed on the regular post. He has submitted that in fact, a conscious decision was taken by the appellant- State by issuing the Government Resolution dated 13.07.2015 in case of 73 Badli Workers, who were appointed subsequent to the cut-off date of 01.04.2005 (New Pension Scheme) and all 73 employees were treated to be governed by the New Pension Scheme and since names of the respondents-employees did not figure in that list, it is to be presumed that their cases are governed by the Old Pension Scheme. 10. Learned Senior Advocate Mr. Joshi has submitted that all the respondent-employees have completed 10 years of service prior to the promulgation of the New Pension Scheme and hence, as per the provisions of the Government Resolution dated 13.07.2015, the Badli Workers who have completed 10 years of service as on 31.03.2005, are governed under the Old Pension Scheme and thus, the employees who have completed service of 10 years thereafter are governed by the New Pension Scheme. It is submitted that at no point of time, the issue about non-completion of 240 days has been raised, and for the first time, the same is raised in the present appeals. It is submitted that at no point of time, the issue about non-completion of 240 days has been raised, and for the first time, the same is raised in the present appeals. It is submitted that the learned Single Judges have precisely placed reliance on the said Government Resolution and have held that the respondent-employees are entitled to pension under the Old Pension Scheme and not under the New Pension Scheme. Thus, it is submitted that the judgment and orders passed by the learned Single Judge may not be interfered with. ANALYSIS OF THE GOVERNMENT RESOLUTIONS: 11. The facts, which are established from the pleadings, are that all the respondent- employees are appointed in 1984 in the different Government Civil Hospitals at Ahmedabad, Vadodara, Surat and Jamnagar and in the Medical Colleges and they were discharging their duties as Aaya/Ward Servant/Peons etc. It appears that the State Government issued the Government Resolution dated 29.05.1984 to absorb such Badli Workers against permanent vacancies. It appears that first batch of such employees, total 73 in number, were regularized from 01.10.1988 and thereafter on 21.07.1989, the State Government passed another Government Resolution to regularize/absorb such Badli Workers in a phased manner. GOVERNMENT RESOLUTION DATED 16.05.2005: 12. Thereafter, vide Government Resolution dated 16.05.2005, the State Government, after considering the aforesaid past Government Resolutions, decided to appoint the respondents. The relevant Paragraph Nos.4 and 5 of the said Resolution which governs the appointment of the respondents is translated and produced as under: “4. After removing the 53 employee of Ahmedabad Center, 9 of Jamnagar Center, and 46 of Vadodara center, i.e. total 108 employees who have remained constantly, appointed on compassionate appointment and also those who have crossed the age limit from the valid list of Badli/Daily wages employees, the issue of regularly absorbing the remaining 333 employees from the valid list comprising of 224 from Ahmedabad, 102 of Vadodara and 7 of Surat centers was under consideration by the state government. After due consideration, it is decided by the state government to grant benefits as per the standards incorporated in the government resolution dated 17.10.1988 No. WCI-1588(5)91)-G.S. to the Badli workers/daily wagers working in the medical colleges and Civil Hospitals at Ahemedabad, Jamnagar, Vadodara and Surat as a special case, approval is granted to appoint them on the terms and conditions mentioned as under: (1) The situation prevailing as on 31.03.2005 is required to considered. (2) The appointment shall be made on vacant sanctioned Class-IV posts. (3) These Badli workers, after they are appointed, have to report on the post and on the place or Institution within the prescribed time, and if they fail to report, they will not again claim the appointment in government service will, and their name from the list will stand automatically deleted. (4) Those Badli workers who are appointed on fixed wages of Rs.1500/- pursuant to the Resolution No. CHA-102000-7103-V-Dated 8/11/2002; their services will also be regularized as per this order from 01/05/2005. (5) The Badli workers, before they are appointed in Class-IV posts, and they resumed on their concerned place, they will be bound by the aforementioned conditions, and they will be appointed only after they file a written undertaking stating that the conditions are acceptable to them.” 13. It is an admitted fact that all the respondent-employees are appointed on regular posts in regular pay after issuance of the Resolution dated 16.05.2005 by various orders passed between the period from 19.05.2005 to 02.06.2005. It is evident from the aforementioned conditions of the Government Resolution dated 16.05.2005, that the respondents are appointed on the vacant sanctioned Class-IV posts in the year 2005, and their status before that was of Badli Worker. A careful reading of the appointment orders dated 19.05.2005 issued in favour of few of the employees, will exposit that they are appointed in the vacant post of Ward Servant/Aaya/Peons etc. in the pay-scale of Rs.2550-3200/-. The appointment order refers to the Government Resolutions dated 16.05.2005 and 17.10.1988. The orders specifically record that the employees are being appointed, as per the conditions of the Government Resolution dated 17.10.1988, since they have completed more than 10 years of service. Thus, they are appointed on Class-IV posts pursuant to the Government Resolution dated 16.05.2005 since they satisfied the provision of the Government Resolution dated 17.10.1988, which contemplates completion of 10 years’ service. Thus, they are appointed on Class-IV posts pursuant to the Government Resolution dated 16.05.2005 since they satisfied the provision of the Government Resolution dated 17.10.1988, which contemplates completion of 10 years’ service. Paragraph No. 4(1) of the Resolution dated 16.05.2005 provides the cut-off date 31.03.2005, hence the status of each of the Badli worker has to be considered as on 31.03.2005. ASPECT OF 240 DAYS UNDER G.R. DATED 17.10.1988: 14. It is not denied by the appellant-State that either the Resolution dated 16.05.2005 or the appointment orders passed in favour of the respondent-employees are withdrawn or cancelled on the pretext that they have not completed 240 days, as required by the Government Resolution dated 17.10.1988. No contention in this regard was taken before the learned Single Judges. The respondents are already conferred the benefit of New Pension Scheme after they are absorbed/ appointed. The State cannot approbate and reprobate by contesting that though they are found eligible for the New Pension Scheme on the basis of their appointment orders, which are premised on their earlier service as Badli workers, they are not entitled to the Old Pension Scheme since they had not competed 240 days before they are appointed. Thus, the issue of non-completion of 240 days cannot be delved today, after a period of 18 years from the date/ year of regular appointments of the respondents, that too after their retirement. No action has been taken against the officers of the concerned department, who have issued the appointment orders to the respondents. No attempt has been made for all these years to rescind or alter the orders of appointment. The appointment orders reflect that a copy of the same was sent to the Secretary of Health and Family Welfare Department, Commissioner of Medical and Health Service, Additional Director of Medical Education and District Treasury. Neither the Head of the Departments nor the State Government has raised any objection to the appointment orders. The conferment of regular pay-scale to the respondent-employees could have been subject to scrutiny by the Local Fund Audit, but no objection is raised by the District Treasury. It is pertinent to note that the initial Government Resolution issued on 21.07.1989 only prescribes completion of 365 days by Badli workers for getting regularized, and the Resolution dated 17.10.1988 is not at all referred. It is pertinent to note that the initial Government Resolution issued on 21.07.1989 only prescribes completion of 365 days by Badli workers for getting regularized, and the Resolution dated 17.10.1988 is not at all referred. Hence, the appellant-State is estopped from raising the issue of non-completion of 240 days by the respondent-employees. GOVERNMENT RESOLUTION DATED 13.07.2015: 15. The learned Single Judge has recorded relevant provisions of the Government Resolution dated 13.07.2015 in Paragraph No. 13 of the judgment and order dated 30.09.2022. The same is incorporated as under: “13. With regard to the issue of the petitioners case being covered under the Pension provided for in the Government Resolution dated 13-07-2015 at Annexure-G, the Resolution provides for as under: “33 employees at Ahmedabad, 15 employees at Bhavnagar, 12 employees at Rajkot and 13 employees at Vadodara, thus total-73 employees who were appointed as daily wager/ transfer employee on the post of Class-4 before 01/04/1984 and they completed 365 days in February-88 or thereafter and satisfy the conditions mentioned in condition-3 of the resolution stated in reference-1, are placed in regular pay scale and they will be entitled to salary, dearness allowance, house rent allowance, compensatory local allowance in the pay scale of daily wagers of monthly Rs.750-940, on 01/10/88 as per the provision of para no. 3 of the resolution of Road & Building department dated 17/10/88 according to the provision of section-25 (B) of the Industrial Dispute Act. It is resolved to grant the benefits for the pension, gratuity etc, as per the existing rules. Moreover, they will be entitled to optional leave of two days, casual leave of 14 days, earned leave of 30 days and half pay leave of 20 days in a year and they will be entitled to weekly holiday of Sunday and holidays of national festivals. Retirement age for permanent laborers will be 30 years. Moreover, the standards are prescribed as per the provision of para-3 of resolution no. WCE/1588(5)G.2 of the Road department, dated 17/10/88. In accordance with the said provision, the daily wagers who have completed 10 years in the service on 31/03/05, among the transfer employees/daily wagers in the hospital/ colleges under the Medical education department, will be entitled to pension. Moreover, the standards are prescribed as per the provision of para-3 of resolution no. WCE/1588(5)G.2 of the Road department, dated 17/10/88. In accordance with the said provision, the daily wagers who have completed 10 years in the service on 31/03/05, among the transfer employees/daily wagers in the hospital/ colleges under the Medical education department, will be entitled to pension. Moreover, New Pension Scheme will be applicable to the employees who have not completed service of 10 years upto 31/03/2005 as per the circular of the Finance Department, dated 21/03/2005.” 16. Thus, the State Government resolved that those employees, who have completed 10 years of service prior to 31.03.2005, will be governed under the Old Pension Scheme, whereas the employees who have completed 10 years of service after 31.03.2005, will fall under the New Pension Scheme promulgated under the Government Resolution dated 21.03.2005. 17. The aforesaid Government Resolution dated 13.07.2015 is specially introduced for the Badli workers. While issuing the same, the State Government was conscious of the Old Pension Scheme and New Pension Scheme and also two classes of Badli workers - (1) who have completed 10 years prior to 31.05.2005 and (2) who have completed 10 years thereafter. The said Government Resolution dated 13.07.2015 refers to the Government Resolution dated 17.10.1988. The Government Resolution refers to 73 employees and accordingly the list of 73 employees were issued, which do not contain the names of the respondent- employees. Thus, this Government Resolution is specifically introduced for those employees who have completed 10 years of service after 31.03.2005 and it was recorded that they will be governed by the New Pension Scheme, whereas the Badli workers, like the present respondents, will be governed by the Old Pension Scheme. Hence, it can be construed that the names of the respondent-employees were not included as they had completed 10 years of service prior to 31.03.2005, and were regularized in view of the Government Resolution dated 16.05.2005. GOVERNMENT RESOLUTION DATED 21.03.2005 (NPS): 18. The State Government introduced New Defined Contribution Pension Scheme vide Government Resolution dated 18.03.2005. It appears that the same was further clarified by the Government Resolution dated 21.03.2005. The New Pension Scheme was made applicable from 01.04.2005. The Government Resolution dated 21.03.2005 has been placed reliance by the both the parties. GOVERNMENT RESOLUTION DATED 21.03.2005 (NPS): 18. The State Government introduced New Defined Contribution Pension Scheme vide Government Resolution dated 18.03.2005. It appears that the same was further clarified by the Government Resolution dated 21.03.2005. The New Pension Scheme was made applicable from 01.04.2005. The Government Resolution dated 21.03.2005 has been placed reliance by the both the parties. The same is incorporated as under: “Gujarat State Finance Department Circular No. NPN/2003/GOI.10/P Sachivalaya, Gandhinagar Date: 21-3-2005 Subject: Implementation of the new defined contribution pension scheme for newly appointed/recruited individuals. The State Government has implemented the New Defined Contribution Pension Scheme for the employees listed below who are appointed on or after 1st April 2005, as per the Finance Department's resolution no. NPN/2003/ GIOI-10/P dated 18-3-2005. (1) All government and panchayat employees appointed on or after 1st April 2005. (2) State Government employees, including employees appointed in boards/corporations that are eligible for pension schemes, as well as all educational and non- educational employees appointed on or after 1st April 2005 in institutions receiving aid under pension schemes. Employees appointed under the monthly fixed pay policy implemented by the State Government, and those who will be appointed herein after, and who are appointed in regular pay scales on or after 1st April 2005. (3) Educational and non-educational employees appointed or to be appointed under the Vidhya Sahayak and Sikhshan Sahayak Schemes of the State Government's Education Department, as well as those appointed under such scheme, but receiving regular pay after 1-4-05. Therefore, all employees/officers mentioned above who are appointed on or after 1-4-2005 will not be subject to the current pension rules. They will be covered under the new defined contribution pension scheme. Your office/department or account must specifically clarify that in any recruitment done or to be done on or after 1-4-05, or if any prior advertisement has been issued, any amendment in the advertisement will also apply to this new pension scheme in all cases of recruitment. The responsibility for this will lie with the recruiting institution/authority. According to the resolution of the new enhanced pension scheme, in cases of appointments of employees appointed after 1-4-05, the new pension scheme will necessarily be applied. If necessary, note to consult the Finance Department Shailaja Patel, Deputy Secretary Finance Department.” 19. The case of the appellant-State hinges on the aforesaid Government Resolution dated 21.03.2005. According to the resolution of the new enhanced pension scheme, in cases of appointments of employees appointed after 1-4-05, the new pension scheme will necessarily be applied. If necessary, note to consult the Finance Department Shailaja Patel, Deputy Secretary Finance Department.” 19. The case of the appellant-State hinges on the aforesaid Government Resolution dated 21.03.2005. It is evident from the tenor of the said Resolution that the same is made applicable to all the employees who are appointed on or after 01.04.2005 either on fixed pay or on regular pay. It also encompasses those Government employees who are initially appointed on fixed pay, but are subsequently appointed on regular pay after the cut-off date 01.04.2005. The aforesaid Resolution is silent apro pos the daily wagers, who are governed by the Government Resolution dated 17.10.1988. However, in the present case, the respondents, who are appointed as Badli workers are treated as “special class”, and it is also the case of the State that their services are governed by the Government Resolution dated 17.10.1988. The Government Resolution dated 17.10.1988 has been issued governing the service conditions of the daily wagers, who are engaged by various departments of the State Government. On completion of 10 years of service they are placed in regular pay-scale. It is apparent from the description of the Government Resolution dated 16.05.2005 and the appointment orders, that all the respondents have satisfied the standards of the Government Resolution dated 17.10.1988. It is the case of the appellant-State that, since the respondents have been appointed/absorbed after the cut-off date 01.04.2005 stipulated in the aforesaid Government Resolution dated 21.03.2005, their pension is governed in the New Pension Scheme. In this regard reliance is placed on the decision of the Apex Court in the case of Public Works Department and Forest Employees Union and Ors. (supra). The Apex Court, after considering the earlier judgment rendered between the same parties reported in (2013) 12 SCC 417 , which relates to the Government Resolution dated 17.10.1988 has clarified the entitlement of New and Old Pension Scheme in cases of those daily wagers as under: “15. Insofar as plea at paras (ii) and (iii) is concerned, the appellant intends to deny the benefit of GPF on the ground that w.e.f. April 01, 2005, CPF Scheme/NPS has been introduced. However, on that basis, all such employees cannot be denied the benefit of GPF. Insofar as plea at paras (ii) and (iii) is concerned, the appellant intends to deny the benefit of GPF on the ground that w.e.f. April 01, 2005, CPF Scheme/NPS has been introduced. However, on that basis, all such employees cannot be denied the benefit of GPF. The earlier pension scheme continues to annued to the benefit of those who enter the service before April 01, 2005. Therefore, all those daily wagers who become entitled to get the status of regular/permanent employees before April 01, 2005 has to be given the benefit of GPF. To put it otherwise, April 01, 2005 would be treated as cut-off date. All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of earlier scheme i.e. GPF. However, those who attain this status after April 01, 2005 shall be governed by CPF Scheme/NPS.” 20. The case of the respondents requires analysis in light of the foregoing observations. The Apex Court has firmly directed that the daily wagers, who enter service before 01.04.2005 continue to be ruled under the earlier pension scheme. It is expressly stated that “those who become entitled to get the status of regular/permanent employees before 01.04.2005.” Again it is specified that “who would be entitled to get the status of regular/permanent employees before 01.04.2005.” Finally, it is clarified by saying that “However, those who attain this status” after 01.04.2005 shall be governed by CPF Scheme/NPS.” Thus, a close reading of the directions of the Apex Court will exposit that the Apex Court intended that all those daily wagers who became “entitled to get the status to be regularised or to be made permanent” before 01.04.2005 will be governed under the Old Pension Scheme, whereas those who acquire the same status after the cut-off date of 01.04.2005 will be governed under the New Pension Scheme. Thus, the quintessential feature is the “entitlement” of getting regularised before 01.04.2005. In the case of the respondents, all of them became “entitled to get” permanent/ regular status before 01.04.2005 as per the Government Resolution dated 17.10.1988, however the orders appointing them in regular posts are passed after the cut-off date of 01.04.2005. The Government Resolution dated 16.05.2005 has been issued after the said cut-off date, but the status of the respondents was to be determined with retrospective effect from 31.03.2005. The Government Resolution dated 16.05.2005 has been issued after the said cut-off date, but the status of the respondents was to be determined with retrospective effect from 31.03.2005. Merely, because the orders of appointment are issued after the cut-off date, belatedly, the same cannot dilute the right/status of the respondents, which they have acquired before the cut-off date of 31.03.2005. The delay on the part of the State authorities cannot annul entitlement to get permanency or regularisation. The respondents are appointed on regular vacant posts, after it was found that they satisfied the requirements of the Government Resolution dated 17.10.1988 as on 31.03.2005. The respondents had already acquired the status of becoming permanent/regular prior to 31.03.2005/01.04.2005, and hence they will be governed by the Old Pension Scheme and not under the New Pension Scheme as per the directions of the Apex court. CONCLUSION: 21. The Badli workers, after they were appointed in the different hospitals, have been treated as a “special class.” From 1988 onwards, pursuant to the Government Resolutions dated 17.10.1988 and 21.07.1989 efforts are being made by the State Government to absorb them in regular posts in phased manner. The last Government Resolution on record is dated 13.07.2015, by which 73 Badli workers have been regularised however, since they had completed 10 years after the cut-off date 31.05.2005, they are placed in the New Pension Scheme. Indubitably, the names of the respondents do not figure in the list of 73 Badli workers, and precisely so, since they were already regularised pursuant to the Government Resolution dated 16.05.2005, as they had completed 10 years prior to 31.05.2005. The appellant-State has made a futile attempt to conflate two different issues in order to frustrate the legal right of the employees. The vital aspect of the cut-off date 31.05.2005 stipulated in the Government Resolution dated 16.05.2005 is conveniently ignored, and absolutely new issue of non- completion of 240 days has been raised after 19 years, that too in the present appeals. Till the writ petitions were decided by the learned Single Judges, and before us, also no orders/administrative instructions are produced which can show that either the Government Resolution dated 16.05.2005 or the absorption/appointment orders on regular posts are either rescinded or altered in any manner. Till the writ petitions were decided by the learned Single Judges, and before us, also no orders/administrative instructions are produced which can show that either the Government Resolution dated 16.05.2005 or the absorption/appointment orders on regular posts are either rescinded or altered in any manner. Prior to the promulgation of the New Pension Scheme w.e.f. 01.04.2005, the respondents had already completed 10 years hence, considering their case as “special case” all were regularised. Thus, the respondents, who are working since 1984 are entitled to pension under the Old Pension Scheme, which was prevalent when they had completed 10 years of service. 22. Over and above the reasons recorded by the learned Single Judges, and in light of the foregoing analysis, we do not approve the case of the appellant-State. The Letters Patent Appeal, being sans merit, stand dismissed. 23. As a sequel, the connected civil applications stand disposed.