Employment recruitment rules allow former apprentices eligibility for Old Pension Scheme based on recruitment initiation date before NPS implementation.

ORDER

By Justice Rajiv Joshi, Member (Judicial):-

Though the matter was heard along with O.A. No.748/2022, but for better appreciation of the matter, the case is being disposed of separately.

2. Heard Shri S.J. Ishtiaque, learned counsel for the applicants and Shri Vinod Shukla, learned counsel for the respondents at the time of hearing.

Reliefs sought by the applicants:-

3. The instant Original Application under Section 19 of the Central Administrative Tribunal Act , 1985 has been filed by the applicants, who are 23 in numbers for the following reliefs:

(i) to issue a writ order or direction in nature of certiorari quashing the order dated 31.01.2024 passed by the respondents.

(ii) to issue a writ order or direction in nature of mandamus commanding to the respondents to consider the applicants for covering under CCS (Pension) Rules, 1972 in place of NPS in the light of administrative Directions as well as judicial pronouncement by Hon’ble Delhi High Court and confirmation by Hon’ble Apex Court.

(ii) to issue any appropriate order/direction which this Hon’ble Tribunal may deem fit and appropriate in the present facts and circumstances of the case.

(iii) Award cost of the petition to the applicants.

Facts of the case:-

4. The brief facts as stated in the Original Application is that the applicants are the employees of Ministry of Defence, Government of India, Department of Defence, Production and working in Ordinance Factory Kanpur on different posts. The Ministry of Defence, Govt. of India, through order dated 20.05.2003 released a substantial number of Group „B‟ „C‟ and „D‟ posts to the Ordnance Factory Board, Kolkata (hereinafter referred as „OFB, Kolkata) for direct recruitment in different field units for the year, 2000-01, 2001-02, 2002-03 and 2003-04 totalling 7354 vacancies. These release of posts led to the approval for filling of various posts including those for Industrial Employees in different field units. The applicants being Ex-Trade Apprentices, were initially appointed through proper selection procedure, which was started in 2003 in pursuance of OFB, letter No. 800/Manpower/2000- 2001/A/I dated 02-09-2003 and Fax No. 844/Manpower/CO/PW dated November, 2003, by which, the Chairman, OFB, Kolkata sanctioned 30 post of Semi Skilled Industrial Employees to Ordnance Factory, Kanpur. The fact regarding the above sanction of 30 posts, was admitted by the respondents while giving the reply under RTI Act, 2005 in its reply dated 02.09.2023 (annexed as RA-1 to the Rejoinder Affidavit).

4.1 Thereafter, the applicants were appointed and asked to join on the post of various Semi-Skilled technical posts after due process of law vide letters issued by competent authority in 2004. As the selection process of the applicant was started prior to implementation of New Pension Scheme i.e. 22.12.2003, the applicants are also entitled for Old Pension Scheme. The Ministry of Personnel, Public Grievance and Pension, Department of Pension and Pensioner‟s Welfare, New Delhi vide OM dated 03.03.2023 issued Notification, by which, all the Central Government Civil Employee, who have appointed against a post or vacancy which was advertised/notified for recruitment/appoint