Autonomous bodies adopting Central NPS must apply OM dated 03.03.2023, granting old pension option to employees from pre-22.12.2003 advertisements despite post-01.01.2004 joining.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“(i) To issue an order or direction directing the respondents to extend the benefit of the Old Pension Scheme under the CCS (Pension) Rules, 1972 instead of National Pension System to the applicant.

(ii) To issue an order or direction directing the respondents to revert back the deductions made as per the National Pension System to the G.P.F. Account as per the provisions of the Old Pension Scheme under the CCS (Pension) Rules, 1972.

(iii) To grant all the consequential relief which the applicant is entitled for.

(iv) To grant any other relief which this Hon’ble Court may deem fit and proper under the circumstances of the case.

(v) To award the cost.”

2. The brief facts of this case are that the Applicant retired on 30.11.2021 as PRT in Grade Pay Rs.4600/-. He had applied in response to the advertisement published by the Kendriya Vidyalaya Sangathan (KVS) dated 13-19 September, 2003 for the post of teachers in the year 2004-2005. The appointment letter was issued to the applicant by the Assistant Commissioner, Kendriya Vidyalaya Sangathan, Silchar Region on 04.02.2005 and the applicant joined on 21.02.2005. On 03.10.2006, the applicant was regularized from the initial date of joining i.e. 21.02.2005. Vide letter No. F.110230(NPS)2019-KVS(HQ)PF/1270 dated 14.11.2019 sent by the Assistant Commissioner (Finance), Kendriya Vidyalaya Sangathan (HQ), New Delhi to the Under Secretary (UT-2), Ministry of HRD, New Delhi, it was informed that the Kendriya Vidyalaya Sangathan, which is an autonomous body under the Ministry of Education, adopted the National Pension System w.e.f. 01.01.2004 after approval from Board of Governors of the Sangthan in its meeting held on 04.10.2004. The Kendriya Vidyalaya Sangathan issued directions vide letter dated 12.03.2004 to all the Regional Offices for implementation of National Pension System in respect of employees joining services on or after 01.01.2004. Vide PPAN Statement issued by the Kendriya Vidyalaya Sangathan, Regional Office, Lucknow for the year 2008-2009, the applicant came to know that deduction in respect of National Pension System from his salary started from 2008-2009. The applicant gave representation to the respondent on 23.09.2021 and 06.10.2021 regarding his inclusion in the Old Pension Scheme. When no order was passed by the respondents, the applicant had approached this Tribunal through this O.A. which was decided on 25.01.2024 as under:-

16. If the facts of the present matter are compared with the ratio laid down in aforementioned cases, certainly post had been advertised prior to the implementation of new pension scheme, selection process (written examination) had been conducted. Applicant’s claim will also not be defeated because condition had been incorporated in the joining letter regarding acceptance of new pension scheme. Thus, in our considered view, service conditions, prevailing on the date recruitment process commenced, cannot be permitted to be altered in disadvantage of the recruitees. In the instant case, the process of selection has stated in the year 2003 and new pension scheme came into existence on 22.12.2003, therefore, the case law relied upon by the applicant fully supports the case of the applicant and we are of the opinion that applicant is entitled for old pension scheme because at the time of filing