Retrospective substantive appointment pursuant to court order determines pension scheme based on notional entry date, overriding lack of pre-cut-off emoluments.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a. An appropriate order in the nature of direction for quashing the order dated 03.02.2023 passed by respondent no.5 by which he has rejected the claim of applicants for issuance of GPF computer code/PID No.

b. Further directing the respondents to issue GPF computer code/PID No. in favour of applicants as they are covered under Old Pension Scheme;

c. Any other relief which this Hon'ble Tribunal may deem fit in the facts and circumstances of the case.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants were initially engaged as Special Police Officers (SPOs) in the Police Department of the erstwhile State of Jammu and Kashmir. During their engagement as SPOs, the applicants actively participated in counter-insurgency and anti- militancy operations in difficult and sensitive areas and discharged their duties to the satisfaction of the department. In view of the policy evolved by the Government to permanently absorb SPOs who had rendered commendable service on the anti-militancy front, the applicants expected regular appointment in the Police Department.

b) However, despite having rendered effective and continuous service, the applicants were not granted permanent appointment, compelling them to approach the Hon’ble High Court of Jammu and Kashmir by filing a writ petition seeking regular appointment on substantive basis. The said writ petition was allowed by the Hon’ble High Court vide judgment dated 24.05.2007, whereby the official respondents were directed to appoint the applicants as Constables/Followers in the J&K Police Department on substantive basis in the same manner as private respondents, and further to treat the applicants as appointed with all consequential benefits from the date on which similarly situated private respondents were granted such benefit.

c) In compliance with the aforesaid judgment, the Director General of Police issued Order No. 2210 of 2013 dated 05.08.2013, approving the appointment of the applicants as Followers in J&K Police on a notional basis with retrospective effect from 30.12.2003. Pursuant thereto, the Senior Superintendent of Police, District Ramban, issued Order No. 714 of 2013 dated 28.09.2013, formally appointing the applicants as Followers in the J&K Police notionally with effect from 30.12.2003, whereafter the applicants joined service.

d) It is the specific case of the applicants that in the erstwhile State of Jammu and Kashmir, employees appointed prior to 01.01.2010 were governed by the Old Pension Scheme (OPS) whereas those appointed on or after the said date were governed by the New Pension Scheme (NPS). Since the applicants were notionally appointed with retrospective effect from 30.12.2003 they claimed entitlement to coverage under the Old Pension Scheme.

e) With this understanding, the applicants submitted representations seeking correction of their PID numbers from 2010 to 2003 so that their service record would correctly reflect the retrospective appointment granted in compliance with the High Court judgment. Acting upon the recommendation of the Senior Superintendent of Police, the Director General of Police issued a communication dated 23.02.2022, directing allotment of a new PID number in terms of PHQ Order No. 2210 of 2013 and for updating the relevant records accordingly.

f) Consequent thereto, the Senior Supe