Employees promoted prior to the New Pension Scheme cut-off date retain eligibility for the Old Pension Scheme, reflecting equitable treatment despite changes in pension policy.

JUDGMENT :

MOHIT KUMAR SHAH, J.

1. The aforesaid two writ petitions have been filed against the same impugned judgment dated 14.01.2025, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the “Ld. CAT”) in O.A. No. 050/ 00947/2022 and O.A. No. 050/00948/2022, hence the same have been taken up for hearing together and are being disposed off by the present common judgment and order. As far as the first writ petition i.e. CWJC No. 14291 of 2025 is concerned, the Respondent is son of the deceased original applicant, who happens to be wife of the deceased employee, hence the deceased employee shall be referred to as the husband of the original applicant in the present Judgment.

2. The Ld. CAT, by the aforesaid impugned judgment dated 14.01.2025 has allowed the connected original applications filed by the applicants and has directed to include the said two applicants in the old pension scheme and fix their pension/pensionary benefits as per the Old Pension Scheme.

3. The short facts of the case are that the husband of the original applicant of the first case and the original applicant of the second case were initially appointed as Gramin Dak Sevak/Extra Departmental Stamp Vendor at Bhagalpur Postal Division in the year 1974-76. Thereafter, the petitioners herein had initiated the process of filling up Group-D vacancies of the year 2000-03 from amongst the Extra Departmental Employees on the basis of seniority, however the DPC could not be held in the month of November, 2003, as scheduled, hence the said employees were promoted to the Group-D Cadre on 26.04.2005 against the vacancy of the year, 2003. The applicants were then promoted to the post of MTS Cadre. At this juncture, it may be relevant to mention here that the husband of the original applicant of the first case had superannuated on 31.1.2016, however he subsequently died on 09.08.2021 while the original applicant of the second case had retired from service on 31.12.2018. It is the grievance of the said employees that they are not being given the benefits of the old pension scheme.

4. The original applicants, being aggrieved had filed the connected original applications before the learned CAT, inter alia praying therein to direct the Respondent authorities to calculate the length of service of the said applicants so as to make them eligible for pension and other pensionary benefits with effect from the year, 2003 i.e. the year of vacancy.

5. We find from the pleadings that the issue which arises for consideration is as to whether the husband of the original applicant/the original applicant would be entitled to the benefits of the old pension scheme or the new pension scheme, which has come into effect from 01.01.2004.

6. The learned counsel for the petitioners submits that since the original applicants were initially engaged as Gramin Dak Sevak/ Extra Departmental Stamp Vendor at Bhagalpur under the Bhagalpur Postal Division in the year 1974-76 and after getting promotion in the Group-D Cadre/MTS Cadre, they had joined on the promotional post in the year 2005, they cannot be granted the benefit of the old pension scheme since the same had lapsed on 31.12.2003.

7. We find from the pleadings that the original applicants had contended before the learned CAT that since the husband of the original applicant/the original applicant were granted promotion in the Group-D Cadre/MTS Cadre for the vacancy of the year 2003, though in the year 2005, on account of lapses on the part of the authorities, however there being no lapse on the part of the original applicants, the original applicants cannot be made to suffer, hence they are entitled to be included in the old pension scheme. On the said issue, certain precedents were relied upon, i.e. the one rendered by the Hon’ble Apex Court in the case of P.N