Eligibility for Old Pension Scheme depends on the timing of employment notifications, with internal communications being insufficient to establish claims of prior service.

ORDER

Applicant is a former Postal Assistant in Thodupuzha Head Office under the 3^rd respondent. His official profile shows that he had served Indian Air Force for 20 years from 27.06.1980 to 30.06.2000. Thereafter, he was discharged from that service and was re-employed; while working as Lower Division Typist in 17 BN NCC in Pala, was called for an interview by the 3^rd respondent as recommended by the Employment Exchange for being appointed as Postal Assistant. His application was considered and was appointed as Postal Assistant. He joined the Postal Department after being relieved from the NCC BN office at Pala. He had worked in NCC office as LD Typist from 24.12.2003 to 03.11.2004. He had responded to the communication issued by the 3^rd respondent for the post of Postal Assistant and that was how the Employment Exchange had recommended his name.

2. According to the applicant, the post of Postal Assistant was notified as per Annexure-A8 communication dated 18.09.2003 issued by the Government of India, Ministry of Communications and IT Department of Posts. Even though he had started working as Postal Assistant only on 04.11.2004, after the introduction of the National Pension System, since the post was notified as per Annexure-A8 dated 18.09.2003, by virtue of the subsequent Official Memoranda, Annexure-A13, A15 etc., he had made representations for switching over from the National Pension System to the non-contributory Old Pension System, that were rejected by the impugned orders and aggrieved by the same, he has approached this Tribunal seeking the following reliefs:

(i) to quash Annexure A1, Annexure A1(a), Annexure A17 and Annexure A23,

(ii) to direct the 3rd Respondent to extend the benefit of statutory pension to him in terms of Annexure A13, Annexure A15 and Annexure A21 instructions, and

(iii) grant such other reliefs as may be prayed for and as the Tribunal may deem fit to grant.

3. According to the applicant, after appointed as Postal Assistant in Thodupuzha, he was sent for induction training in Bangalore, which was conducted from 16.11.2004 to 10.02.2005. Thereafter, his period of probation was declared as satisfactorily completed and he worked as such till his date of retirement on 31.07.2021. Meanwhile, even though he had responded to the Official Memorandua issued by the respondents and prayed for switching over to the old pension Rules under the CCS (Pension) Rules, that was rejected without giving valid reasons and that made him to approach the Tribunal with the aforestated reliefs:

4. According to the applicant, even though he was appointed as Postal Assistant only on 04.11.2004, what is important is the date of notification, which was issued much prior to the date of introduction of the National Pension System on 22.12.2003. The Annexure-A8 circular was published on 18.09.2003. It is very clear from various communications issued by the respondents that he was considered against the vacancy of 2002. Thereafter, while working as Lower Division Typist in the NCC at Pala, on being appointed as Postal Assistant as recommended by the Employment Exchange, he tendered his resignation and when got relieved from the NCC office, moved over to the Postal Department. In the circumstances, Annexure-A1, A1(a), A17 and A23 are bad in law and liable to be interfered with.

5. The applicant has approached this Tribunal seeking the above reliefs, mainly on three considerations. Firstly, even though he was appointed and joined as Postal Assistant on 04.11.2004, it was towards the vacan