Delhi HIgh Court

Delhi HC: Temporary Workers Win Pension Rights Under Old Scheme

Updated
Mar 11, 2026 7:39 PM
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In a recent decision by the Delhi High Court, Geeta Devi and others won a significant case about their pension rights. The case was about whether former temporary workers of the Export Inspection Council could get benefits from the Old Pension Scheme (OPS).

Background of the Case

Geeta Devi and others, represented by Mr. Parveen Kumar, were first hired as temporary workers by the Export Inspection Council, a government body under the Export (Quality Control and Inspection) Act, 1963. Over time, they were given contracts and later became permanent employees. However, they were denied pension benefits under the OPS, which they believed they deserved.

The Argument

Geeta Devi and others argued that since their temporary work led to regular jobs without any breaks, they should get OPS benefits under Rule 17 of the Central Civil Service (Pension) Rules, 1972. They used previous court decisions like the Supreme Court's ruling in Sheela Devi and another case, Vasudev vs. Union of India, to support their claim.

"The appellants are entitled to claim the said benefits," stated the court, referencing the applicability of Rule 17.

Council's Position

The Export Inspection Council, represented by Mr. L.R. Khatana, argued that Geeta Devi and others were given new jobs between 2007 and 2009, which were not just making their jobs permanent but were entirely new jobs. Therefore, they said, the New Pension Scheme (NPS) should apply.

Court's Decision

The court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, did not agree with the Export Inspection Council. The judgment highlighted:

  • The jobs given between 2007 and 2009 were permanent.
  • Rule 17 applies because the work was continuous.
  • Geeta Devi and others should be allowed to choose between keeping government contributions in the Contributory Provident Fund or choosing OPS benefits.

Verdict

On February 19, 2026, the court overturned the earlier decision that denied OPS benefits. It told the Export Inspection Council to ask Geeta Devi and others about their pension choices within ten weeks. The whole process, including setting up pensions, must be finished within five months.

Tags:
Government Employment
Pension Rights
Central Civil Services