Employees appointed before NPS implementation are entitled to Old Pension Scheme benefits.

ORDER

By Justice Rajiv Joshi, Member (Judicial):-

Though the matter was heard along with O.A. No.259/2024, 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 12 in numbers for the following reliefs:

(i) 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 Field Gun Factory, Kanpur, an unit of Department of Defence Production, under the Ministry of Defence. The applicants being Ex-Trade Apprentices, were initially appointed through proper selection procedure, which was started in 2003 in pursuance of Ordnance Factory Board, Kolkata (hereinafter referred as „OFB, Kolkata), 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 15 post of Semi Skilled Industrial Employees to Field Gun Factory, Kanpur. The Director General, Ordnance Factories had directed the General Managers, Ordnance Factories to follow a uniform principle in deciding the seniority of batch while recruiting Ex-Trade Apprentices vide letter dated 15.12.2003. Vide Notification dated 11.12.2003, the Ex-Trade Apprentices were asked to submit certain information to complete the database of Ex-Trade Apprentices.

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 and as such, they represented before the respondents on several occasions, but no heed was paid. Hence, this Original Application has been filed.

5. On the other hand, counter reply was filed on 02.03.2023, wherein it has been stated that as per the directive vide the then OFB letter No.570/A/I/(iii) dated 15/20.10.1999, ex Trade Apprentices were called as and when the vacancy arose in order of their batch wise seniority. The instruction was also issued by OFB Letter dated 15.12.2003 regarding to maintain the seniority of ex-Trade Apprentices. The exercise to correct/upade the database of Ex-Trade Apprentices were initiated in the month of December, 2003. For appointment of the Trade Apprentices, the following conditions were laid down by the Ordnance Factory :-

4(ii) As and when vacancies arise and factories are permitted to make direct induction in the first instance, ex-trade apprentices of their own factory will be considered for recruitment.

4(iii) Selection process is based on fitness cum seniority. Only trade test will be conducted to ascertain whether the ex –trade apprentice is fit for the job or not. I