The court established that the eligibility for the Old Pension Scheme is determined by the date of recruitment notification, confirming that applicants recruited prior to the NPS cutoff are entitled to switch to the Old Pension Scheme.

O R D E R

AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:

Issue in the present O.A. arises whether applicants are covered by statutory Old Pension Scheme which was replaced by new Contributory Scheme came into effect from 1st January, 2004?

2. Applicants are Tradesmen (Semi-skilled) have filed the present O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to respondents to consider applicants eligible to get benefits under erstwhile Central Civil Services (Pension) Rules, 1972 (now Rules 2021) with all consequential benefits and to allow applicants to switch-over to GPF-cum-statutory Pension Scheme and complete said exercise in time bound manner.

Facts in Brief

3. The Briefly stated facts, as adumbrated by the applicant in nutshell that the applicants received training under the Apprentices Act, 1961 at Ordnance Factory, Murad Nagar from 20.09.2000 to 19.09.2002, 06.10.1998 to 05.10.2000, 20.09.2000 to 19.09.2002, 10.01.2001 to 09.01.2002, 05.01.2000 to 04.01.2001, 04.10.1999 to 03.10.2002, 14.03.2001 to 13.03.2002 respectively in different trades. The notification dated 15/20.10.1999 was issued for recruitment to ex-trade apprentices in Ordnance Factories to maintain seniority list of ex-trade apprentices of their own factory. The apprentices trained in the earlier batch will be en-bloc senior to apprentices of subsequent batches. The factories are permitted to make induction, in case vacancies arise by direct induction from ex- trade apprentices of their own factory based on selection process on fitness-cum-seniority and trade test will be conducted to ascertain fitness for job and selection will be strictly as per seniority.

4. The Department of Defence Production and Supplies, Govt. of India, Ministry of Defence released vide O.M. dated 20.05.2003 vacancies in different trade and grade of Industrial Cadre of erstwhile OFB organization for direct recruitment for year 2003-2004, for Group ‘C’, 1445 vacancies released for OFB.

5. The Chairman/OFB sanctioned induction of Industrial Employees-35, Semi-skilled through direct recruitment to G.M. Ordnance Factory, Muradnagar ( in short OFM) vide Notification No.800/Manpower/2000-2001/A/I dated 10.07.2003 (Annexure A-4 page 63-64 of the OA) and directed to induct to grade-wise sanction strength and necessary proposal for revision of the grade- wise strength may be sent to OFB.

6. The respondent no.4, sent communication dated 26.08.2003, in reference to OFB letter No.800/manpower/2000-2001/A/I dated 10.07.2003 for induction of 35 Semi-skilled Industrial Employees through direct recruitment and requested for approval trade-wise based on functional requirement. The OFB, Kolkata, has approved trade-wise sanction vide notification dated 04.09.2003 (Annexure A-6, page no.66 of the OA) and directed to take recruitment action pursuant to manpower sanction for direct recruitment of Industrial Employees – 35 – Semi-skilled. Even revised allocation of posts was sent on 04.12.2003 and again revised trades approved vide corrigendum Order dated 07.01.2004, corrigendum was issued to trade-wise approval vide letter dated 04.12.2003. Pursuant to publication dated 22-28 November, 2023 issued for physically handicapped vacancies, selection was finalized on 18.01.2025 and one of such physically handicapped was inducted under Old pension Scheme, statutory scheme.

7. The resp