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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Md. Sajid Hussain, S/o Late Tazamul Hussain – Appellant
Versus
Union Of India – Respondent
JUDGMENT
KARDAK ETE, J.
Heard Mr. Y. S. Mannan, learned counsel for the petitioner. Also heard Mr. S. Kataki, learned Standing Counsel, AEGCL for respondents No. 2, 3, 4 & 5. None appeared for the respondent No. 1.
2. Challenge made in this petition is to the Office Order dated 01.03.2023, issued by the General Manager (HR), i/c, AEGCL, whereby, the claim of the petitioners for coverage under the Old Pension Scheme (OPS) has been rejected. The petitioners have also prayed for a direction to the respondent authorities to implement the Office Memorandum dated 03.03.2023, issued by the Additional Secretary, Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners Welfare, whereby a decision has been taken to provide one-time option to opt for the coverage under the CCS(Pension) Rules, 1972 (now 2021) to those employees who have been appointed against posts or vacancies which were advertised/notified for recruitment/ appointment prior to the date of notification for National Pension System, i.e. 22.12.2003, and is covered under the National Pension System on joining service on or after 01.01.2004.
3. The petitioners were appointed as
Petitioners appointed post-01.01.2004 are entitled to one-time option under CCS(Pension) Rules based on recruitment prior to National Pension System notification.
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
Employment recruitment rules allow former apprentices eligibility for Old Pension Scheme based on recruitment initiation date before NPS implementation.
Employees appointed before NPS implementation are entitled to Old Pension Scheme benefits.
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