Gaurav Srivastava vs M/o Home Affairs - 2023 Supreme(Online)(CAT) 3166

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(CAT) 3166

Item No.31(Court no. 5)
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.2151/2021
M.A. No. 3257/2023
This the 04th day of December , 2023
Hon’ble Dr. Chhabilendra Roul, Member (A)
1. GAURAV SRIVASTAVA
S/O SHRI RAMESH PRASAD SRIVASTAVA
AGED 39 YEARS
R/O 194-A, GIRNAR COLONY
GANDHI PATH, VAISHALI NAGAR
JAIPUR, RAJASTHAN-302021
2. A G BABU
S/O SHRI A GANESAN
AGED 51 YEARS
R/O NO:13/22,DR.NARASIMHAN SALAI
2ND STREET, 2ND LANE,
T.NAGAR, CHENNAI-60017.
3. ABHISHEK PATHAK
S/O LATE RAM NARESH PATHAK
AGED 43 YEARS
R/O H.NO 465, AMEER NAGAR
LUCKNOW-226004
4. ANAND PRAKASH TIWARI
S/O SHRI PARMESHWAR TIWARI
AGED 45 YEARS
R/O SHASTRI NAGAR
BHIKHAMPUR ROAD
DEORIA, UP-274001
5. ANKIT KUMAR GARG
S/O SHRI ASHOK KUMAR GARG
AGED 46 YEARS
R/O GARG BHAWAN
20, CHAITANYAPURAM
NAUCHANDI ROAD MEERUT, UP-250002
6. ANUP KURUVILLA JOHN
S/O SHRI KURUVILLA JOHN
Item No.31(Court no. 5)
AGED 42 YEARS
R/O G7, JAWAHAR NAGAR
KAWADIAR POST
TRIVANDRUM, KERALA- 695003
7. ANURAG KUMAR S/O LATE G R GARG
AGED 42 YEARS
R/O S-109 FIRST FLOOR, GK-II
NEW DELHI-110048
8. ASHISH KUMAR SINGH
S/O SHRI ASHOK KUMAR SINGH
AGED 41 YEARS
R/O VILL. HAZIPUR,PO. LAKHANDIH
DIST. AMBEDKARNAGAR
UTTAR PRADESH
9. ASRA GARG
S/O SHRI AMARJIT GARG
AGED 40 YEARS
R/O 60 G MAJITHIA ENCLAVE
PATIALA
PUNJAB-147001
10. ATUL KUMAR GOEL
S/O SHRI B D GOEL
AGED 46 YEARS
R/O A-4/1, VASANT VIHAR
NEW DELHI-110057
11. B SATHEESH BALAN
S/O SHRI R BALASHANMUGAM
AGED 46 YEARS
R/O HOUSE NO. 2, RTC BHONDSI
GURUGRAM (NEAR CRPF ACADEMY)
KADARPUR, HARYANA-122102
12. CHANDRA PRAKASH
S/O SHRI BARKHOO
AGED 41 YEARS
R/O D/02/0147, SUSHANT GOLF CITY
LUCKNOW, UP-226030
Item No.31(Court no. 5)
13. DR. DEEPAK KUMAR
S/O SHRI SURENDRA SINGH
AGED 42 YEARS
R/O OFFICE OF DIG NR
SAMBALPUR
NEAR ASHAPALLI SCHOOL
GM UNIVERSITY ROAD
SAMBALPUR, ODISHA-768001
14. DEEPAK KUMAR
S/O SHRI SADHU SHARAN PRASAD
AGED46 YEARS
R/O VILL. HASANCHAK
PO. RAISA, DIST. NALANDA
BIHAR-803108.
15. GAGANDEEP GAMBHIR
W/O SHRI PANKAJ JOLLY
AGED 45 YEARS
R/O H.NO.203,SAVVY SWARAJ
AHMEDABAD, GUJARAT.
16. GAURAV RAJPUT
S/O SHRI KAMAL SINGH RAJPUT
AGED 41 YEARS
R/O16 AMRAPALI ENCLAVE
CHUNNBHATTI ROAD
KOLAR, BHOPAL
MADHYA PRADESH-462016
17. HARSHA P S
S/O SHRI P T SUBHASH CHANDRA BOSE
AGED 44 YEARS
R/O O-105, HMT BUNGALOW
HMT ESTATE PHASE 1
JALAHALLI, BENGALURU
KARNATAKA.
18. HOMKAR AMOL VINUKANT
S/O SHRI VINUKANT LIMBAJI HOMKAR
AGED 43 YEARS
R/O NIRANJAN
119, STATION ROAD
KARAD
DIST. SATARA, MAHARASHTRA-415110
Item No.31(Court no. 5)
19. IRSHAD WALI
S/O MD. ABDUL WALI
AGED 43YEARS
R/O DN 2/11, CHAR IMLI
BHOPAL MP.
20. JAYAKUMAR S.
S/O SHRI SUSAIRAJ
AGED 42 YEARS
R/O 281, NATESAN NAGAR
SECOND MAIN ROAD
VIRUGAMBAKKAM
CHENNAI, TAMILNADU-92.
21. K SETHU RAMAN
S/O SHRI R KARUPPAYYA
AGED 48 YEARS
R/O VILL. NO.36, GALAXY GREENWOODS
VENNIKULAM, ERNAKULAM
KERALA-682305
22. K. EJILEARASSANE
S/O SHRI KANGATHARAN
AGED47 YEARS
R/O NO.21, CHERAN STREET
MULLAI NAGAR
PONDICHERRY
23. KANTHI RANA TATA
S/O SHRI MURALI SHANKAR TATA
AGED 44 YEARS
R/O 601, 17 LH, LANCO HILLS
MANIKONDA, HYDERABAD
TELANGANA-500089
24. KEWAL KHURANA
S/O SHRI ASHOK KHURANA
AGED 43 YEARS
R/O POLICE OFFICERS COLONY
KISHANPUR
CANAL ROAD
DEHRADUN, UTTARAKHAND-248009
25. LABHU RAM
S/O SHRI GORDHAN RAM
AGED 43 YEARS
Item No.31(Court no. 5)
R/O VILL.TARARTARAVIA RANIGAON
DIST. BARMER
RAJASTHAN-344012
26. LIMASUNEP JAMIR
S/O SHRI IMKONGMEREN JAMIR
AGED 43 YEARS
R/O POST BOX NO. 3, CHANGTONGYA VILLAGE
DISTT. MOKOKCHUNG
NAGALAND-798613
27. LOVE KUMAR
S/O LATE MAHENDRA PAL
AGED 43 YEARS
R/O BANK COLONY
VASUDEV NAGAR, AMROHA
UTTAR PRADESH-244221
28. MITESH JAIN
S/O SHRI SURESH CHANDRA JAIN
AGED 43YEARS
R/O 42, CHOWKI GATE
FIROZABAD
UTTAR PRADESH-283203
29. NAVIN GULATI
S/O SHRI NARINDER MOHAN GULATI
AGED 47 YEARS
R/O B-37, VASANT VIHAR SOCIETY
GIDC MAKARPURA
VADODARA, GUJARAT-390010
30. NEHA CHAMPAWAT
W/O SHRI AVINASH CHAMPAWAT
AGED 41 YEARS
R/O D-1/13, OFFICERS’ COLONY
DEVENDRA NAGAR
RAIPUR-492001.
31. NISHITH MISHRA
S/O SHRI VIRENDRA MISHRA
AGED 45 YEARS
R/O B-245 FLAT NO.B-2
CHATTARPUR ENCLAVE PHASE 2
DELHI-110074
32. NITINJEET SINGH S/O SHRI JEET SINGH
Item No.31(Court no. 5)
AGED 42 YEARS
R/O KOTHI NO.402 PHASE 9
MOHALI, PUNJAB-160062
33. P PRAKASH
S/O SHRI N. PERIYATHAMBI
AGED 41 YEARS
R/O HARISHNAM, VRA 41 A, MANAMOOLA
PEROORKADA,
THIRUVANANTHAPURAM 695005
34. PARMAR GAUTAM KUMAR MANILAL
S/O SHRI MANILAL PARMAR
AGED 51 YEARS
R/O 9, SHARAD SOCIETY
KASHIBA ROAD
RANIP, AHMEDABAD
GUJARAT-382480
35. PARUL KUSH JAIN
W/O SHRI MITESH JAIN
AGED 41 YEARS
R/O 42, CHOWKI GATE
FIROZABAD
UTTAR PRADESH-283203
36. PRABHAT KUMAR
S/O DR. J S SINHA
AGED 46 YEARS
R/O COLLEGE ROAD
KORRA, HAZARIBAG
JHARKHAND-825301
37. PRAVIN KUMAR PADWAL
S/O SHRI TABAJI PADWAL
AGED 47 YEARS
R/O 03, POLICE OFFICERS’ QUARTERS
GAMDEVI POLICE STATION CAMPUS
K. N. MARG
GAMDEVI, MUMBAI 400007
38. RISHIKESH MEENA
S/O SHRI RAM DHAN MEENA
AGED 41 YEARS
R/O 1/631 KALA KYA HOUSING BOARD
ARAVALI VIHAR
ALWAR, RAJASTHAN-301001
Item No.31(Court no. 5)
39. RUCHIKA RISHI
W/O SHRI AMIT AUDUMBARAYAN SHUKLA
AGED43 YEARS
R/O B 103, RUDRA APTTS
PLOT 12, SEC. 6, DWARKA, NEW DELHI-75
40. S. PARIMALA
W/O SHRI S R VENKTESWARA MURTHY
AGED45 YEARS
R/O F-101, PANCHSHEEL RESIDENCY
45, ASHOK NAGAR, NEAR PURANI CHUNKI
AJMER ROAD
JAIPUR, RAJASTHAN-302019
41. SACHIN BADSHAH
S/O DR. SUBHASH CHANDRA YADAV
AGED 44 YEARS
R/O BY PASS ROAD
VIDYAPURI
AT/PO/DIST. MADHEPURA
BIHAR-852113
42. SANDEEP PATIL
S/O SHRIKASHINATH RAO PATIL
AGED 43 YEARS
R/O 1802, EMBASSY HABITAT APARTMENTS
VASANT NAGAR
BANGALORE-560001
43. SANDEEP SINGH
S/O SHRI HARPAL SINGH
AGED 46 YEARS
R/O C 32, DEEPANGAN
SECTOR GAMMA 1
NEAR L G FACTORY
GREATER NOIDA
DISTT. GAUTAM BUDDHA NAGAR
UTTAR PRADESH-201306
44. SATYABRATA BHOI
S/O SHRI SASHI BHUSHAN
AGED 46 YEARS
R/O SARGUL MALPADA
KALAHANDI, ODISHA-766031
45. SHARAT KAVIRAJ
S/O SHRI C M SINGH
AGED 47 YEARS
Item No.31(Court no. 5)
R/O 401 E22 PADAM RESIDENCY
SHYAM NAGAR
JAIPUR, RAJASTHAN-302019
46. TARUN JOSHI
S/O SHRI RATTAN BHUSHAN JOSHI
AGED 45 YEARS
R/O 127-A, KILOKRI
OPP. MAHARANI BAGH
NEW DELHI-110014
47. VIKASH KUMAR VIKASH
S/O SHRI PRABHU NARAYAN RAJAK
AGED 42 YEARS
R/O VILL/PO.KALARAMPUR
DISTT. MUNGER
BIHAR-811211
48. VIKRAMJIT SINGH
S/O SHRI HARINDER SINGH
AGED 45 YEARS
R/O H. NO.371, IAS PCS OFFICERS COLONY
NEW CHANDIGARH
DISTT. MOHALI
PUNJAB-140901
49. SATENDER KUMAR GUPTA
S/O LATE S K GUPTA
AGED 42 YEARS
R/O P-6, POLICE OFFICERS COLONY
SECTOR-2, PANCHKULA
HARYANA-134109
50. DIGANTA BARAH
S/O LATE JONARAM BARAH
AGED 45 YEARS
QTR NO.B-2, ZONE-2,
POLICE HOUSING COMPLEX
ULUBARI, GUWAHATI
ASSAM-781007
51. SANJAY KUMAR
S/O LATE MOHINDER SINGH
AGED 44 YEARS
R/O FLAT NO.206, PLOT 60
INTELLIGENTSIA SOCIETY
SECTOR-56, GURUGRAM
HARYANA.
Item No.31(Court no. 5)
........Applicants
(By Advocate : Mr. Anshuman Mehrotra for Mr. Ankur Chhibber)
Versus
1. UNION OF INDIA
THROUGH ITS SECRETARY
MINISTRYOF HOME AFFAIRS
NORTH BLOCK
NEW DELHI-110001.
2. THE SECRETARY
DEPTT. OF PERSONNEL & TRAINING
MINISTRYOF PERSONNEL, PG & PENSONS
NORTH BLOCK
NEW DELHI-110001.
3. DEPTT. OF PENSION &PENSIONER’S WELFARE
THROUGH ITS SECRETARY
LOK NAYAK BHAWAN
KHAN MARKET
NEW DELHI-110003.
…Respondents
(By Advocate : Mr. Vijender Singh)
Item No.31(Court no. 5)

O R D E R

By virtue of the present OA the applicants are seeking the following relief:

a) Quash the OM Dated 17.02.2020, issued by DoPT, to the extent whereby only those candidates whose final results for recruitment were declared before 01.01.2004, against vacancies occurring on or before 31.12.2003, shall be eligible for coverage under the old pension scheme.

b) Direct the Respondents to extend the benefit of Old Pension Scheme to the Applicants, thereby covering their service within the ambit of All India Service (Provident Fund) Rules, 1955 as well as All India Service (Death- cum-Retirement Benefits) Rules, 1958, as it stood at the time of issuance of advertisement in the same manner as is being granted to the persons similarly situated as that of the Applicants through a catena of judgments passed by this Ld. Tribunal, Hon'ble High Court of Delhi and affirmed by the Hon'ble Apex Court, from the date of appointment of the Applicants with all consequential benefits.

2. The present list of applicants belong to various All India Services who joined the Government of India in pursuance of the advertisement dated 07.12.2002 issued in the Gazette notification by the Department of Personnel and Training (DoPT). The applicants were appointed on various dates, starting from September 2004 to December 2004. As they joined after 01.01.2004, they were enrolled under the New Pension Scheme.

3. However, learned counsel for the applicants state that the Government of India, in pursuance of the direction of the Hon’ble Apex Court in several petitions, issued an Office Memorandum (OM) dated 03.02.2023 for Central

Services. Similar instructions were issued for the All India Services vide their OM No. 25011/02/2021-AIS-II (Pension) dated 13.07.2023. Para 3 and 6 of the same state as follows:

“3. The matter has been examined in consultation with the Department of Expenditure and it has been decided that the AIS officers, who which was have been appointed against a post/vacancy which the date advertised/notified for recruitment prior to date of notification of NPS (i.e. 22.12.2003) and who are covered under NPS on joining Service on or after 01.01.2004, may be granted one-time option to be covered under the provisions of old pension scheme under AIS (DCRB) Rules, 1958.

Therefore, members of AIS selected through Civil Services Examination, 2003, Civil Services Examination, 2004 and Indian Forest Service Examination, 2003 are eligible to be covered under these provisions.

6. This option may be exercised by the concerned members of Service latest by 30th November, 2023. The members of Service, who are eligible to exercise the option in accordance with these instructions but who do not exercise this option by the stipulated date, shall continue to be covered by NPS. The option once exercised shall be final.”

4. The learned counsel for the applicants states that, in pursuance of the said Office Memorandum (OM), the applicants have exercised their option by the stipulated date. In view of this, they should be entitled to migrate to the old pension scheme.

5. Per contra, the learned counsel for the respondents admitted that, with the issuance of the Office Memorandum (OM) dated 13.07.2023. He further avers that the respondents will consider the case of the applicants,

provided they have exercised their option as per the said

OM dated 13.07.2023.

6. It is asserted by the learned counsels for the applicants that the present applicants have exercised their option in accordance with the said OM dated 13.07.2023. In view of the averments made by both the counsels and the admitted fact that the applicants have exercised their option in pursuance to OM dated 13.07.2023, the respondents are directed to consider to allow the present applicants, if they have exercised one time option to be covered under the Old Pension Scheme under AIS (BCRB) Rule 1958. Respondents are directed to pass a reasoned and speaking order in this regard within 12 weeks’ from the date of receipt o

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