ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) vs DR. RAKESH LODHA & ORS.

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5198/2026 and CM APPLs. 25464-465/2026 ALL INDIA INSTITUTE OF MEDICAL SCIENCES (AIIMS) .....Petitioner Through: Mr. Tanveer Oberoi, Advocate versus DR. RAKESH LODHA & ORS. .....Respondents Through: Ms. Geetanjali Mohan, Advocate CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 29.04.2026 C. HARI SHANKAR, J. 1. This writ petition assails judgment dated 25 July 2025 instituted by the respondents before the Central Administrative Tribunal1. The respondents are Professors in the All India Institute of Medical Sciences2. They had been appointed on ad hoc basis between 1997 and 1999. They continued on ad hoc basis till 2005. 2. In 2005, Advertisement 03/2005 (FC) was issued by the AIIMS for recruiting Professors in the disciplines which were held by the respondents. 1 “the Tribunal”, hereinafter 2 “AIIMS”, hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 5198/2026 Page 1 of 10 KUMAR Signing Date:04.05.2026 15:40:21 3. The respondents applied for the said posts and, on qualifying in the selection, were declared successful and were appointed in the same post which they were holding on ad hoc basis on 23 September 2025. Ms. Mohan, learned counsel for the respondents, points out that there was no gap between the ad hoc service rendered by the respondents and their being appointed consequent to the aforesaid examination. 4. As such, it is clear that the respondents continued on ad hoc basis from the time of their original appointment. 5. The respondents claimed the benefit of the Old Pension Scheme3, which was applicable to persons who had joined with them at the time when they were appointed on ad hoc basis. Their case was that as they had continued on ad