CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 210 OF 2024 Reserved on :17.12.2025 Pronounced on :18.12.2025 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Shri Sarat Kumar Pani, aged about 52 years, Son of Late Shri Banamali Pani, presently working as TM I under SSE (P.Way), Khurda, permanent resident of AT/PO Trilochanpur, PS Kanas, Dist Puri.

……Applicant VERSUS

1. Union of India represented through the General Manager, East Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar PIN 751017.

2. Sr. Divisional Personnel Officer, East Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist Khurda PIN 751017.

3. Sr, Divisional Engineer (Co-ordination), East Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist Khurda PIN 751017.

4. Senior Section Engineer (P.Way), East Coast Railway, At/PO/PS/Dist Khurda, PIN 752050.

……Respondents For the applicant : Mr. S K Ojha, counsel For the respondents: Mr. A C Deo, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the inaction of the respondents in not considering his case for switching over from NPS to OPS even though he was selected prior to 01.01.2004 has filed this OA praying for following reliefs:

a) To allow the original application.

b) To direct the respondents to withdraws or in alternate quash the implementation of the new pension scheme in respect of the applicant.

c) To allow the applicant to switching over from NPS to Old Pension Scheme.

d) To pass any further order/orders as deem fit and proper in the facts and circumstances of the case.

2. The case of the applicant as inter alia averred in the OA is that in pursuant to notification dated 28.05.1996 for engagement of fresh face casual labour in Engineering Department of Khurda Division, the applicant had applied and became successful. It is submitted that applicant was in the list of 609 successful candidates however 159 candidates could not be engaged by 31.10.1996 due to All India Postal Strike. It is submitted that applicants name find place at Sr. No. 44 and he was medically examined on 31.10.1996 and he reported to the Sr. DPO for further posting order3 but he could not get the posting order as his papers were reported to be misplaced after the same is forwarded to the Engineering Department. It is submitted that he had approached higher authorities for engagement and thereafter the case of engagement of 159 candidates was considered by the General Manager in the month of February 1998 and the office of Sr. DPO vide his letter dated 06.08.1999 asked the applicant to submit an affidavit declaring his date of physical test, date of interview and date of birth after which he was sent to police for verification which was completed by 05.02.2000. It is submitted that even though he had submitted all documents but was not offered any appointment. It is submitted that being aggrieved the applicant approached this Tribunal by filing OA No. 952/2003 which was disposed of vide order dated 11.02.2005 directing the respondents to appoint the applicant as casual labour and if such appointment is no longer available then as Group D following the same procedure which was followed for others who were appointed from the panel of 159 during the year 1998.

3. It is submitted that in obedien4c e to order respondents gave him appointment as Group D on 28.12.2005 and re- engaged vide office order dated 05/11.01.2007 and followed by regularization vide order dated 17.01.2007. It is submitted that since the cut of date for old pension scheme is 01.01.2004 his case was considered under National Pension Scheme (NPS). It is submitted that he had submitted option dated 05.05.2020 for switching over to old pension scheme on the ground that the notification for recruitment was issued prior to 22.12.2003 but was given appointment on later date. It is submitted that Railway Board issued RBE No. 28/2020 indicating the Govt. employee who were empanelled by the recru