The acceptance of appointment under the New Pension Scheme precludes any claim for benefits under the Old Pension Scheme, demonstrating principles of waiver and estoppel.

JUDGMENT :

Madhuresh Prasad, J.

1. The Writ Petitioner was the applicant before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as the Tribunal in short), seeking a direction upon the respondents to treat the services rendered by him from 1986, till his retirement on 31.01.2021 for the purpose of pension under the Old-Pension-Scheme. The Tribunal disposed of the OA 1136 of 2018, filed by the petitioner on 08.04.2025 with direction to the respondents to consider the petitioner’s claim of parity with Debasis Mukhopadhyay and to accord the benefits of pension to the petitioner, in the event it has been granted to Debasis Mukhopadhyay, within a period of three months from the date of receipt of certified copy of the Tribunal’s order, along with all consequential benefits.

2. Briefly stating, the facts of the present case are that the petitioner along with one Debasis Mukhopadhyay claimed to be working in a sponsored project as Field Studies Enumerator (Casual Employee) at Bankura Project in National Institute of Science and Technology and Development Studies (NISTADS), since 1986. His initial engagement was for field studies and as enumerators in the distant villages. The writ petitioner has been continuing in the Bankura Project, and after the sanction of the DRDA sponsored project in the year 1987-88, payments were made from the sponsored project funds, wages being enhanced periodically.

3. The writ petitioner was claiming absorption since he continued to work as a casual worker for a considerable period of time. The absorption was claimed under a scheme called “Casual Worker Absorption Scheme, 1990 (1990 Scheme for short), notified by a circular dated 04.10,1990 by the Council of Scientific & Industrial Research (CSIR). He along with another applicant, namely Debasis Mikhopadhyay, approached the Tribunal for such reliefs in OA No. 442 of 2000. The OA was disposed of on 01.09.2000 directing the respondents to consider their claim for grant of benefits under the Scheme within 4 months. The Tribunal also issued direction on the Miscellaneous Application filed therein, that due remuneration be paid without any further delay.

4. Alleging non-compliance of the order passed in OA No. 442 of 2000, a contempt proceeding was initiated (CPC 129 of 2000). In the contempt proceedings the authorities informed the Tribunal that upon due consideration of the applicant’s claim, they were eligible for absorption in the Organization (CSIR). Their absorption was to be as per normal procedure for recruitment prescribed for the post, which included qualifying in the trade test. The direction regarding payment of due remuneration was also complied.

5. The learned Advocate representing the applicants in the contempt proceedings raised an entitlement to get temporary status for the period prior to his absorption. But since the direction in OA 442 of 2000 was limited to reliefs of absorption the Tribunal did not entertain such claim, and the contempt proceedings bearing CPC 129 of 2000 was dropped vide order dated 13.05.2004.

6. The petitioner thereafter was subjected to written examination and typewriting test, and on recommendation of the Selection Committee his appointment was approved as Assistant Grade-III in the Pay Scale of Rs. 3050-75-3950-80-4590. The offer letter of appointment was issued on 05.02.2008, pursuant to which he joined at National Institute of Science, Technology and Development Studies (NISTADS). Thereafter he was relieved from NISTADS on 31.08. 2009, and he joined the post of Assistant (G) Grade-III at Central Glass and Ceram