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.

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 Junior Engineers on 28.12.2004 in the Assam Power Generating Corporation Limited and Assam Electricity Grid Corporation Limited pursuant to an advertisement dated 31.01.2001. It is the contention of the petitioners that after completion of 1 (one) year in their services, their GPF accounts were opened and monthly contributions were deducted up to the year 2008 and thereafter the respondent authorities stopped deducting their contribution to the GPF Fund. The Government of Assam introduced the New Pension Rules for its employees by issuing an order dated 25.01.2005 providing that the fresh recruits joining the service of the State Government on or after 01.02.2005 shall be governed by the New Pension Scheme. Subsequently, vide Office Memorandum dated 26.02.2008, the respondent authorities have decided to implement the Defined Contributory Pension Scheme in respect of the petitioners, by bringing them under the New Pension Scheme.

4. Being aggrieved, the petitioner approached this Court by filing a writ petition, being WP(C) No. 6345/2022, which was disposed of on 26.09.2022 with a direction to the respondent authorities to examine the claim of the petitioners and pass appropriate orders. Pursuant thereto, vide the impugned order dated 01.03.2023, the respondent authorities has held that the AEGCL, being a company incorporated under the Companies Act, 1956, is an independent entity and the State Government Rules and Regulation are not applicable to it and since the petitioners have joined their services after 01.01.2004, they could not be brought under the Old Pension Scheme under CCS(Pension) Rules, 1972 and thereby rejected the claim of the petitioners.

5. Mr. Y. S. Mannan, learned counsel for the petitioners, submits that the petitioners were appointed against vacancies which were advertised on 31.01.2001 and the selection process had concluded in the month of December, 2004. The other persons, who were appointed to other post advertised with same Employment Notice dated 31.01.2001, were extended the benefit of Old Pension Scheme, but the petitioners have been denied.

6. By referring to the Office Memorandum dated 03.03.2023, issued by the Additional Secretary, Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pensions and Pensioners Welfare, as regard providing the benef