CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 219 OF 2024 Reserved on :17.11.2025 Pronounced on :18.12.2025 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

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

1. Shri Pravat Kumar Pradhan, aged about 56 years, Son of Shri Damodar Pradhan, presently working as TM II under SSE (PWay), Talcher, permanent resident of At/PO Kantlo, PS Khandapada, Dist Nayagarh.

……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 – Talcher, Dist Angul, PIN

759100.

……Respondents For the applicant : Mr. S K Ojha, counsel For the respondents: Mr. C R Behera, 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. 35 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 06.08.1998 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. 517/2002 which was disposed of vide order dated 11.08.2004 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. It is submitted that the respondents challenged the order before Hon’ble H4i gh Court by filing WP (C) no. 2344/2005 which was dismissed vide order dated

27.06.2005.

3. It is submitted that in obedience to order of Hon’ble High Court the respondents gave him appointment as Group D on 10.01.2007 and re-engaged vide office order dated 05/11.01.2007 and followed by regularization vide order dated 09.05.2007. 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 13.04.2020 for switching over to old pension scheme on the ground that the notification fo