When an employee is appointed 'on transfer', their past service in the previous organization should be considered for the purposes of granting financial benefits under the MACP Scheme.

1. The petitioners are aggrieved by the judgment dated 16.11.2017, passed by the Central Administrative Tribunal allowing O.A. No. 3743/2013, filed by the respondent whereunder, they have been directed to consider the past service rendered by him under ‘Rashtriya Mahila Kosh’ for granting him financial benefits under the MACP Scheme and thereafter pass consequential orders within sixty days from the date of the receipt of the said order.

2. At the outset, it may be noted that it has taken more than nine months for the petitioner No.2/EPFO to challenge the impugned judgment and that too after a notice of contempt has been served on them by the respondent.

3. The matter has a chequered history. In October, 2013, the respondent had filed an Original Application before the Tribunal praying inter alia for directions to the petitioners to treat the period of service rendered by him in the ‘Rashtriya Mahila Kosh’, Ministry of Women and Child Development, Govt. of India, New Delhi, towards qualifying period for granting the benefit of the MACP Scheme, in terms of the clarifications dated 01.11.2010, issued by the petitioner No.3/DoPT. On completion of the pleadings in the said original application, arguments were addressed and vide order dated 14.10.2014, the O.A. was dismissed by the Tribunal after observing that the respondent had joined the petitioner No.2/EPFO on a unilateral transfer to a lower post, which transfer was not covered under para 24 of the O.M. dated 19.5.2009.

4. Aggrieved by the said decision, the respondent had filed a review petition before the Tribunal stating inter alia that the he was actually covered under the O.M. dated 01.11.2010, whereunder clarifications in respect of para 24 of OM dated 19.5.2009 had been issued by the petitioner No.3. As a result, vide order dated 16.02.2016, the Tribunal had recalled its order dated 14.10.2014 and restored the O.A. for a fresh hearing.

5. After a fresh hearing by the Tribunal, the impugned order has been passed whereunder, the relief prayed for by the respondent has been granted by directing the petitioners to consider the past service rendered by him in the ‘Rashtriya Mahila Kosh’ for grant of financial benefits under the MACP Scheme.

6. The records reveal that the respondent was initially appointed as a Stenographer (Hindi) on 14.4.1997, in the ‘Rashtriya Mahila Kosh’. Thereafter, he was appointed to the post of Stenographer (Hindi) on transfer to the petitioner No.2/EPFO on 03.1.2007 and ever since, then he has been working under the petitioner No.2/EPFO. The Memorandum dated 29.12.2006, issued for appointing the respondent in the petitioner No.2/EPFO is of material significance and the relevant extract thereof is as follows:-

“MEMORANDUM

Subject: Appointment to the post of Stenographer on transfer from Rashtriya Mahila Kosh, Ministry of Women and Child Development, Govt. of India, New Delhi to Employees’ Provident Fund Organisation, Corporate Headquarters in respect of Shri Parveen Swami, Stenographer (Hindi) – Regarding.

Chairman, CBT, EPF is pleased to appoint Shri Parveen Swami, Stenographer (Hindi) of Rasriya Mahila Kosh (an Autonomous Organisation under the Department of Women & Child Development, Govt. of India), New Delhi on transfer as Stenographer (Hindi) in the Scale of pay of Rs. 4000-6000/- in Employees’ Provident Fund Organisation, Corporation Headquarters, New Delhi.

2. His appointment is subject to the following terms & conditions:

(i) the transfer is being allowed at his own request, he will not be entitled to any TA/DA and joining time;

(ii) his pay in the post of Stenographer will be fixed as per rules;

(iii) he will be on probation for two years from the date of assumption of charge to the post of Stenographer;

(iv) any request for inter-regional transfer will not be considered for a period of three years;

(v) he will not be entitled to any past service benefits for determining seniority and leave account of service rendered by his in Rashtriya Mahila Ko