Eligibility for Old Pension Scheme determined by appointment date relative to Government directives.

ORDER

Per Kumar Rajesh Chandra, A.M.:-

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

“(a) For direction upon the respondents to grant benefits of Old Pension Scheme to the applicant in view of the fact that petitioner is continuously working since 1975 and as per the decision taken by the Government of India vide letter dated 57/04/2019 P2 PW(B) dated 17.02.2020.

(b) For holding and declaring that the applicant is entitled for the benefits of Old Pension Scheme as per the decision taken by the Government of India vide letter dated 57/04/2019 P2 PW(B) dated 17.02.2020.

(c) For direction upon the respondents to counting of the previous service rendered by the petitioner since 20.10.1975 till his regular appointment dated 14.07.2005 for the purpose of pensionary benefits as well as other benefits.

(d) For direction upon the respondents to calculate the arrear pension of the applicant as per the old pension scheme and release the arrear of pension along with current pension in the favour of the applicant.

(e) For holding and declaring that the action of the respondents by not extending the benefits of Old Pension Scheme is illegal, arbitrary and bad in the eye of law.

AND/OR

Pass such other order or order(s) as this Ld. Tribunal may deem fit and proper in interest of justice.”

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant has been appointed as Extra Department Mail Carrier (EDMC) in the Postal Department of India in Dhalbhumgarh Post office on 20.10.1975 and continued working for about 30 years. While he was working as Senior Gramin Dak Sevak in GDSMC, Baliajuri BO he was recommended for appointment by the DPC held on 29.06.2005 for selection in Group–D cadre for the year 2003-04 and provisionally allotted the unit SDI Jamshedpur, East Sub Division which is evident from letter dated 14.07.2005 (Annexure-1). Thereafter, vide order dated 12.08.2005 (Annexure-2) order of promotion and transfer/posting in cadre of Group-D was issued whereby the applicant was transferred to GR-D Dhalbhumgarh SO as leave reserve to work as runner in Bahragora line.

(ii) It is stated that the applicant got 1^st MACP after successfully completing 10 years of service w.e.f. 23.08.2015 vide letter dated 19.07.2016 (Annexure-3) and after attaining the age of superannuation he retired on 28.02.2018 which is evident from the letter dated 01.02.2018 (Annexure-4) issued under signature of Sr. Superintendent of Post Offices, Singhbhum Division, Jamshedpur.

(iii) According to the applicant, he was continuously working in the department since 20.10.1975 before he came in regular service on 29.06.2005 though the vacancies were of the year 2003-2004 which is evident from letter dated 14.07.2005.

(iv) Vide OM dated 17.02.2020 issued by the Government of India, Department of Pension and PW whereby in para-4 it is mentioned that those Central Government employees, whose selection for appointment was finalized but had joined on or after 01.01.2004 are covered under Central Civil Services (Pension) Rules, 1972. The applicant has alleged that he was erroneously placed under the New Pension Scheme (NPS) though he was appointed on regular basis against the vacancy for the year 2003- 04 but due to delay in departmental processing the memo of the appointment was issued on 14.07.2005. The applicant under compelling circumstances represented before the Sr. Superintendent of Post, Singhbhum Division, Jamshedpur-3 on 24.04.2020 (Annexure-5). It is further mentioned that the vacancy was originally of th