RESERVED ON 11.12.2025 Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No. 330/00997 of 2022 This the 18 th Day of December, 2025.

Hon’ble Mr. Justice Om Prakash - VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

1. Ram Pal aged about 62 years, S/o Late Shyama Prasad R/o Village Babhnauli, Khurd Post Munapar, District Deoria.

2. Harendra, aged about 61 years, S/o Late Sarju Yadav R/o Village Rampur, Heeraman Post Deoria, Buddhukhan District Deoria.

…….Applicants By Advocate: Shri Mohit Dixit Versus

1. Union of India through the General Manager, North Eastern Railway, Gorakhpur.

2. Divisional Railway Manager, North Eastern Railway, Varanasi. 3. Divisional Commercial Manager, North Eastern Railway, Varanasi.

……Respondents By Advocate: Shri Vimal Kumar Rai ORDER By Justice Om Prakash - VII, Member (J)

This Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s):-

“(A) To issue order or direction directing the respondents to give benefit of old pension scheme instead of new pension scheme.

(B) Issue any order suitable or direction which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case of applicant.

(D) To award costs of this application to the applicant”.

2. The brief facts of the case are that the applicants worked as Hammals from 26.03.1979 and 15.04.1979 at Aunrihar Station. Their grievance arose when their juniors and newly engaged persons were considered for regularization, whereas the applicants were ignored. Consequently, the applicants, along with 18 others, filed OA No. 63/1996 before this Tribunal, which was disposed of vide order dated 04.06.2001, directing the respondents to reconsider the applicants’ cases for regularization. Aggrieved by the said order, the respondents/Union of India filed Review Application No. 25/2002, whereby the order dated 04.06.2001 was modified. Thereafter, the applicants, along with seven others, filed Misc. Execution Application No. 08/2008, which was decided vide order dated 21.04.2009, issuing strict directions to the respondents to comply with the Tribunal’s order dated 04.06.2001 passed in OA No. 63/1996, failing which the respondents were directed to face the consequences. In compliance with the directions of the Tribunal passed in OA No. 63/1996, Review Application No. 25/2002, and Execution Application No. 08/2008, the applicants were regularized vide order dated 17.01.2011 and they joined the post of Hammal on 20.01.2011. The grievance of the applicants is that since they had already been granted temporary status prior to 01.01.2004, they are entitled to the benefit of the Old Pension Scheme. Aggrieved by the non-consideration of this claim, applicant No. 1 submitted a representation dated 17.04.2021, followed by a reminder dated 31.07.2021, which are still pending consideration.

Hence, the applicants have filed the present Original Application.

3. Per contra, learned counsel for the respondents has filed counter affidavit in which they have stated that the applicants were regularized as Hammals only pursuant to the directions of this Tribunal passed in OA No. 63/1996, Review Application No. 25/2002, and Execution Application No. 08/2008. In compliance thereof, after due screening, their services were regularized vide order dated 17.01.2011. The said regularization order specifically provided that the applicants would be governed by the New Pension Scheme in terms of Railway Board’s letter dated 31.12.2003. The applicants accepted the terms and conditions of the said order without any protest and joined the post accordingly. The applicants never produced any order granting them temporary status prior to 01.01.2004 either before the department or before this Tribunal in earlier proceedings. After accepting regularization under the New Pension Scheme and after a long lapse of time, they cannot now raise a new claim for coverage under the Old Pensio