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