Central Administrative Tribunal Principal Bench, New Delhi O.A. No.4976/2024 New Delhi, this the 11^th day of February, 2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Ritu Saxena Aged about 47 years W/o Pradeep R/o H. No.1054, F-Block Gaur Green City, Indirapuram Ghaziabad-201010, U.P. ... Applicant (Through Advocate: Ms. Saahila Lamba )

Versus

1. Municipal Corporation of Delhi Through Commissioner Dr. S.P.M. Civic Centre JLN Marg, New Delhi -110 002.

2. Municipal Corporation of Delhi Central Establishment Department Through Director Dr. S.P.M. Civic Centre JLN Marg, New Delhi – 110 002. ... Respondents (Through Advocate: Ms. Poonam Singh)

ORDER (oral)

Hon’ble Mrs. Harvinder Oberoi, Member (J)

The present Original Application has been filed by the applicant seeking conversion from the New Pension Scheme (NPS) to the Old Pension Scheme (OPS) under the Central Civil Services (Pension) Rules, 1972.

2. Learned counsel for the applicant submitted that the applicant is serving under the respondents as a CMO (NFSG) and is presently a subscriber to the New Pension Scheme. It was contended that on 03.03.2023, the Department of Personnel & Training (DoP&T) issued an Office Memorandum granting a one-time option to all Central Government employees who were recruited against posts/vacancies advertised or notified on or before 22.12.2003, but who joined service on or after 01.01.2004 and were consequently covered under the NPS, to opt for coverage under the CCS (Pension) Rules, 1972 (now 2021).

3. The applicant belongs to this category of employees. The said Office Memorandum fixed 31.08.2023 as the last date for exercising the option. Para 9 of the Office Memorandum specifically directed all Ministries/Departments to give wide publicity to these orders and to settle eligible cases in accordance with the said instructions. Para 9 of the said OM stated as under:-

“9. All Ministries/Departments are requested to give wide publicity to these orders without fail. The cases of those Government servants who fulfill the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972 (now 2021) may be settled by the administrative Ministries/Departments in accordance with these orders.”

4. It was further contended that, in compliance with the said Office Memorandum, the respondent–MCD was required to issue its circular promptly. However, instead of issuing the circular immediately after the issuance of the DoP&T Office Memorandum dated 03.03.2023, the respondent–MCD issued its circular only on 03.08.2023. Surprisingly, even this circular fixed the same last date, i.e., 31.08.2023, thereby granting only 28 days to exercise the option.

5. It is an admitted fact that the applicant was on sanctioned Child Care Leave from May 2023 to April 2024. Due to her being on Child Care Leave, the applicant could not have been aware of the circular dated 03.08.2023 issued by the respondent–MCD. After rejoining her duties in April 2024, the applicant came to know about the said circular only in August 2024 and immediately exercised her option on 12.09.2024.

6. The respondents rejected the applicant’s request, not by passing a speaking order, but through internal note-

sheets obtained by the applicant under the Right to Information Act. The reason for rejection has been stated in the note-sheet dated 19.09.2024. Para 3 thereof reads as under:

“As per circular No. AO/SO-V/MCD/2023/2518 dated 03.08.2023, circulating OM dated 03.03.2023, the last date for exercising option by the employees of MCD for coverage under Old Pension Scheme was 31.08.2023. However, in the instant matter, Dr. Ritu Saxena, CMO (NFSG), has requested for coverage under the Old Pension Scheme in place of NPS vide letter dated 12.09.2024, which is after the expiry of the stipulated period. Hence, her request cannot be considered at this stage.”

7. Except for the above, no other reason has been assigned for den