CENTRAL ADMINISTRATIVE TRIBUNAL CORAM:

Reserved on 13.02.2026 Pronounced on 23.02 .2026 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)

Kalindi Charan Bisoi, aged about 45 years, Son of Babaji Charan Bisoi, at present working as Postal Assistant in Kendrapara Head Post Office, At/PO/Dist: Kendrapara.

……Applicant VERSUS

1. Union of India, represented through it's Secretary, Department of posts, Govt. of India, Ministry of Communications, Dak Bhawan, Sansad Marg, New Delhi -110001.

2. Chief Post Master General, Odisha Circle, Bhubaneswar, Dist- Khurda, -751001.

3. Superintendent of Post offices, Kendrapara, Kendrapara Head Post Office, At/PO/Dist:

Kendrapara.

……Respondents For the applicant : Mr. S.B.Jena, Counsel O R D E R For the respondents : Mr. A.C.Deo, Counsel PRAMOD KUMAR DAS, MEMBER (A):

The prayer of the applicant to be covered under the CCS (Pension) Rules, 1972 instead of National Pension system (NPS), which came into effect for the appointees to Govt. service on and after 01.01.2004 was turned down by the respondents vide order dated 30.01.2024 on the ground that consequent upon the death of Babaji Charan Bisoi, his son Sri Surendra Nath Bisoi was appointed as Postman on compassionate ground on 19.01.1990. He was a spinster. He also expired on 05.07.1993. His brother, Kalindi Charan Bisoi, the applicant, was a minor at the time of death of his brother and after attaining majority, he applied for appointment on compassionate ground on 19.04.1997. His case was recommended by the CRC in the year 1999 but the recommendation of the CRC was not approved due to non- availability of vacancy under the compassionate appointment quota. He approached this Bench in OA No. 156/2008, which was disposed of on 24.03.2009 and in compliance of the order of this Bench, his case was once again was considered by the CRC but the same was rejected vide order dated 03.11.2009. He again filed OA No. 274/2010. This Bench vide order dated 30.11.2010 directed for reconsideration of his case keeping in mind the recommendation of the CRC dated 20.05.1999 as well as a vacancy position as on that date in the cadre of PA/SA since his claim was rejected on flimsy grounds without whispering a single word with regard to recommendation of CRC dated 20.05.1999 vis a vis the vacancy position as on that date in the cadre of PA/SA. Respondents department challenged the order of this Bench dated 30.11.2010 before the Hon’ble High Court of Orissa in W.P.(C) No. 16102/2012, which was dismissed on 18.07.2018. Thereafter, the case of the applicant was approved for appointment on compassionate ground against the vacancy year 2018 vide memo dated 04.03.2019 and, accordingly, the applicant joined as Postal Assistant of Koraput Division. After joining, the applicant submitted representation dated 29.03.2023 praying for bringing him into the folio of CCS (Pension) Rules 1972 instead of NPS and restore his seniority w.e.f. 20.05.1999 when CRC recommended his case for appointment and grant him all consequential service benefits. Thereafter, he approached this Bench in OA No. 398/2023, which was disposed of on 25.08.2023 directing the respondents to consider his representation keeping in mind the DoP&T OM dated 03.03.2023 and 09.03.2023.

Respondents considered the representation but rejected the same on the ground that since the appointment of the applicant on compassionate ground was made vide memo dated 04.03.2019 against the vacancy of 2018 and not the vacancy prior to the NPS came into effect, i.e. 01.01.2004, his case does not come under the DoP&T OMs dated 03.03.2023 and 09.03.2023. Being aggrieved, the applicant has filed this OA with the prayer to quash the order of rejection dated 30.01.2024 and to direct the respondents to include him within Old Pension Scheme and grant him all consequential service benefits.

2. The respondents filed their counter reiterating the stand point taken in the order of rejection dated 30.01.2024