Continuous service prior to 01.01.2004 must be considered for pension eligibility despite regularization thereafter.

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Member (J)

This OA has been filed by the applicant seeking the following relief:

“To call for the records of the 2^nd respondent in its No.32/13/2020- Admin.1/328-29, dated 08.03.2023, communicating the decision of the 1^st respondent in its No.10(2)1(A)/CE(Works-cum-TLQA/2023/326H, dated 02.03.2023 and quash both the orders and consequently direct the respondents to cover the applicant under the Old pension scheme by granting him pension and other terminal benefits by counting his service from 11.01.1991 and pass such other orders or orders as may be deemed fit and thus render justice”.

2. Brief facts of the case as submitted by the applicant are:

The Applicant joined the respondent department as Driver on temporary basis in the year 1991. Subsequently, the applicant filed OA No.280 of 2000 before this Tribunal for regularization of his service. This Tribunal, by order dated 12.07.2001, directed the respondents to regularize the service of the applicant. Even after the direction of this Tribunal, the respondents did not regularize the applicant and therefore the applicant again filed OA No.1596 of 2010, wherein this Tribunal passed a positive direction to the respondents to regularise the applicant, by order dated 16.12.2011. The applicant was regularized by the respondent with effect from 11.12.2006. The applicant made a representation to cover him under the Old Pension Scheme counting his service from 11.01.1991. The respondents by order dated 08.03.2023 rejected the request of the applicant. Against which, the applicant has preferred the present OA for the aforesaid relief.

3. The learned counsel for the applicant submitted that the applicant initially having been appointed on 11.01.1991 under the respondents and worked continuously, is entitled to get the coverage under the Old Pension Scheme by counting the past service. She contended that in terms of CCS Pension Rules, past service if followed without break by regular service, it is to be counted for the purpose of pension. If that being the case, under pension rules, rejection of the applicant’s representation is arbitrary and without application of mind.

4. The learned counsel for the applicant further submitted that the reason for rejection as found in the impugned order that the applicant’s name was not sponsored by the employment exchange, is an irrelevant factor in so far as counting past service for pension is concerned. Therefore, it is apparent that the respondents have considered several irrelevant facts in rejecting the applicant’s claim. She further submitted several courts have categorically held in several cases that when a person is appointed before 01.01.2004 and has a right to claim regularization of his services before 01.01.2004, the date of introduction of CPS Scheme, in such case such employee should be covered under the old pension rules only.

5. The learned counsel for the applicant contended that the DoPT, Government of India, have issued series of instructions in the year 2020, 2021 & 2023 enabling several categories of employees to get coverage under old pension scheme. A perusal of the OM would indicate that the object of the Government was to cover more employees under the old pension scheme especially when the employees have been appointed prior to 01.01.2004. Even in case where such appointment was made after 01.01.2004, if the vacancies existed before 01.01.2004, the Government has directed to cover under old pension scheme.

6. The learned counsel for