CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No.060/1159/2021 Pronounced on: 01.12.2025 Reserved on: 20.11.2025 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

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Tarsem Singh s/o Sh. Surat Singh, aged 60 years, r/o VPO Hara, Tehsil Dharkala, District Pathankot, 145001. (Group-C)

... Applicant By Advocate: Mr. K.B. Sharma Versus

1. Union of India through the Secretary, M/o Urban Development, Govt.

of India, Nirman Bhawan, New Delhi-110001

2. The Director General, CPWD, Office of the Directorate General, Government of India, Nirman Bhawan, New Delhi-110011.

3. The Superintending Engineer, CPWD, Karnal-132001.

4. Executive Engineer, CPWD, NDRI Campus, Karnal-132001.

5. The Pay and Accounts Office, (North Zone) CPWD, East Block-IV, Level IV-VI, R.K. Puram, New Delhi-110001.

Digitally signed by ... .Respondents MAMTA WADHWA By Advocate: Mr. Sanjay Goyal, Sr. CGSC

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

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

i) That the respondents be directed to Switch over the applicant to the provisions of Old Pension Scheme (CCS(Pension) Rules, 1972) & GPF Rules by extending him the benefits of the judgment rendered by this Hon'ble Tribunal in the case of Satish Kumar and Baldev Singh and consequently release pension w.e.f.

1.2.2021, along with all consequential benefits.

ii) That it be declared that the applicant is entitled to all the benefits under Old Pension Scheme i.e. CCS (Pension) Rules, 1972.

iii) That the action of the respondents in applying the New Pension Scheme be declared illegal and arbitrary and against the law.

2. The facts of the case, in brief, are that the applicant joined the respondent department as a Motor Lorry Driver on hand-receipt/muster roll basis on 11.05.1993 and worked continuously without any break to the satisfaction of his senior officers. After serving for more than twenty-seven years, he retired from service on 31.01.2021 as a regular Motor Lorry Driver, as reflected in the office order dated 30.01.2021 (Annexure A-1). Although he had been engaged in 1993 and had worked uninterruptedly, his services were not regularized for many years without any reason or justification, and the services of several MLDs and Beldars in the same department were also not regularized. His services were eventually regularized vide order dated 27.08.2012 with effect from 11.12.2006 (Annexure A-2), and similarly situated employees were regularized with effect from 11.12.2006. After his regularization, the respondents started deducting CPF from his salary under the New Pension Scheme in terms of Government of India instructions dated 26.04.2004.

3. The applicant further submitted that since he had been appointed in 1993, he ought to have been governed by the CCS (Pension) Rules, 1972 and allowed to subscribe to the GPF under the Old Pension Scheme. He repeatedly approached the respondents requesting that he be shifted to the Old Pension Scheme, but no action was taken, whereas similarly placed employees such as Anil Kumar and Des Raj were allowed to remain under the Old Pension Scheme and were sanctioned pension accordingly, resulting in discrimination against him. Other similarly situated employees, namely Baldev Singh and Others, had filed OA No. 1047/2014, and Satish Kumar and others had filed OA No. 1048/2014, seeking a direction to switch them over to the GPF Rules and the Old Pension Scheme, which were allowed by this Tribunal vide decision dated 26.05.2015 and 02.07.2015 respectively and both orders have been thereafter implemented in 2016, granting the benefit of the Old Pension Scheme to the employees concerned.

4. Before the applicant‟s retirement, respondent No. 5 returned his pension case to respondent No. 4, who, vide letter dated 20.01.2021, sought the applicant‟s service book for the period prior to 11.12.2006 to process th