CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 30^th day of August, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Abhishek Singh Shakya, S/o. S. S. Shakya, Aged about 47 years, Occ: Scientist 'F', Group A, Defence Research & Development Laboratory, Kanchanbagh, Hyderabad-500058.

..... Applicant.

(By Advocate: Dr. A Raghu Kumar)

Vs.

1. Union of India rep by its Secretary, Ministry of Defence, South Delhi, New Delhi-110011.

2. The Secretary, Department of Defence (Research and Development), And Chairman DRDO, 219, A Block, DRDO Bhavan, New Delhi-110011. 3. The Director, Defence Research & Development Laboratory, Kanchanbagh, Hyderabad-500058.

4. The Director, Defence Metallurgical Research Laboratory, Kanchanbagh, Hyderabad-500058.

5. The Director, Research Centre Imarat, Vignanakancha, Hyderabad-500069. 6. The Director, Advance Systems Laboratory, Kanchanbagh, Hyderabad-500058. 7. The Director, Defence Electronics Research Laboratory, Chandrayangutta, Hyderabad-500005.

8. The Director, Centre for Advanced Systems, Yadgarpalli, Keesara, Hyderabad-501303

9. The Director, Centre for High Energy Systems, Vignanakancha, Hyderabad-500069.

... Respondents (By Advocate: Mrs. B Gayatri Varma, Sr.CGSC)

-----

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicants are seeking the following relief:

“This Hon'ble Tribunal may be pleased to call for the records pertaining to the impugned Lr. No. DOP/AA-2/86389/M/02 dated 26.10.2023 in so far as Appendix-B rejecting the claim of the applicants for coverage under Old Pension Scheme and quash and set aside the same as illegal, arbitrary and violation of Article 14 and 16 of the constitution of India and consequently declare that the applicants are also entitled to be covered under Old Pension Scheme with all consequential benefits in the interest of justice, and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant with date of birth 18.07.1976 joined as Scientist ‘B’ on 14.04.2005 against advertisement no.67 of Employment News and thereupon, promoted to the level of Scientist ‘C’ w.e.f. 01.07.2008 and thereafter, Scientist ‘D’ & ‘E’ w.e.f. 01.07.2013 and 01.07.2018 respectively. Currently applicant is holding the post of Scientist ‘F’ since 06.09.2023. The applicant is challenging the Lr.No.DOP/AA-2/86389/M/02 dated 26.10.2023 in so far as Appendix-B is concerned, wherein the applicant was declared not eligible for coverage under CCS (Pension) Rules 1972 (Old Pension Scheme) in the place of National Pension Scheme (NPS) in terms of DoP&PW OM No.57/05/2021-P&PW (B) dated 03.03.2023. The aforesaid communication does not specify any grounds for the rejection of the candidate's claim. In the absence of any such explicitly specified criteria, it is believed/presumed that the date of advertisement in employment news is considered as the only qualifying criteria for OPS conversion which was subsequent to 22.12.2003. The contention of the respondents while rejecting the claims of the applicant for coverage under the Old Pension Scheme is contrary to the very contents of the DoP&PW OM dated 03.03.2023 and also the fact that the vacancies advertised were existing prior to the introduction of the New Pension Scheme and the process of recruitment started before 22.12.2003 which shall be the criteria for considering the eligibility of any government servant. Hence, this application.

3. When the matter has been taken up for consideration at the admission stage, the learned counsel for the applicant submits that though the options for switching over from CPF to GPF has been called from the applicant, subsequently, the benefit under the O.M. dated 03.03.2023 has been declined. Thereby, the respondents have issued an order dated 26.10.2023, which is impugned in the