Jammu, Nov 7: The High Court has ruled that it is the date on which an employee is brought on the regular establishment and not the start of ad hoc service that determines whether they fall under the Old Pension Scheme or the New Pension Scheme .

A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar laid down the principle while dismissing a petition filed by eight erstwhile ad hoc Orderlies of the High Court establishment seeking coverage under the Old Pension Scheme.

The petitioners were initially engaged on an ad hoc basis around 2007–2008. After completing seven years of continuous ad hoc service, they became eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010.

Following an earlier round of litigation, the High Court regularized the

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