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2024 Supreme(Online)(CAT) 7202

CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Member (J), Rakesh Kumar Gupta, Member (A)
Jagannath Devadiga – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Shri P.A. Kulkarni
For the Respondents: Shri Sayed S. Kazi

Table of Content
1. condonation of delay allowed for continuous cause. (Para 1 , 2 , 3 , 4)
2. applicants claim 50% casual service for ops. (Para 5 , 6)
3. no temporary status; post-2004 regularization under nps. (Para 7 , 8 , 9 , 10 , 11)
4. 1991 scheme requires temporary status for service count. (Para 12 , 13 , 14)
5. gds judgments inapplicable and overruled. (Para 15 , 16 , 17)
6. oa dismissed; nps applies. (Para 18 , 19 , 20 , 21)

ORDER 

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To set aside the Order No. B-II/MTS/Dlgs dated 09-04-2018 (Annexure A-8) along with order no. SK/AP/16-7/RMS Q dated 05- 04-2018 (Annexure A-7), vide which their request for considering them to be covered under Old Pension Scheme instead of New Pension Scheme, has been rejected.

b) Direct the respondents to consider the case of the applicants under Old Pension Scheme thereby counting their 50% of casual service from the date of their initial engagement to the date of regularization as qualifying service for the purpose of pension and other consequent benefits.

c) Pass

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