Sanction date of posts (20.10.2003) prior to NPS notification (22.12.2003) qualifies as 'advertised/notified' for recruitment, entitling ex-trade apprentices to switch from NPS to old pension scheme despite later call letters.

O R D E R

By Justice Rajiv Joshi, Member (Judicial):-

Heard Shri S.J. Ishtiaque, learned counsel for the applicants and Shri Shree Prakash Rai, learned counsel for the respondents at the time of hearing.

Reliefs sought by the applicants:-

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicants, who are 23 in numbers for the following reliefs:

(i) to issue a writ order or direction in nature of certiorari quashing the order dated 10.11.2023/29.11.2023 passed by the respondents.

(ii) to issue a writ order or direction in nature of mandamus commanding to the respondents to consider the applicants for KUMAR MISHRA covering under CCS (Pension) Rules, 1972 in place of NPS in the light of administrative Directions as well as judicial pronouncement by Hon’ble Delhi High Court and confirmation by Hon’ble Apex Court.

(ii) to issue any appropriate order/direction which this Hon’ble Tribunal may deem fit and appropriate in the present facts and circumstances of the case.

(iii) Award cost of the petition to the applicants.

Facts of the case:-

3. The brief facts as stated in the Original Application is that the applicants are the employees of Ministry of Defence, Government of India, Department of Defence, Production and working in Ordinance Equipment Factory Kanpur on different posts. The applicants being Ex- Trade Apprentices, were initially appointed through proper selection procedure, which was started in 2003 in pursuance of Ordnance Factory Board, Kolkata (hereinafter referred as „OFB, Kolkata), letter No. 800/Manpower/2000-2001/A/I dated 20.10.2003, by which, the Chairman, OFB, Kolkata sanctioned 50 post of (having trade wise classification Tailor/Semi Skilled (30), Leather Process Worker /SS (03), Leather Worker Footwear Maker/SS (09), Fitter General Mechanical (05), Fitter Automobile (01) and Electrician (02). Vide Notification dated 22.12.2003, the applicants were called to appear in suitability test for appointment on respective industrial Trade on 18.01.2004. .

3.1 Thereafter, the applicants were appointed and asked to join on the post of various posts, for which they were selected after due process of law vide letters issued by competent authority in 2004. As the selection process of the applicant was started prior to implementation of New Pension Scheme i.e. 22.12.2003, the applicants are also entitled for Old Pension Scheme. The Ministry of Personnel, KUMAR MISHRA Public Grievance and Pension, Department of Pension and Pensioner‟s Welfare, New Delhi vide OM dated 03.03.2023 issued Notification, by which, all the Central Government Civil Employee, who have appointed against a post or vacancy which was advertised/notified for recruitment/appointment prior to the date of notification for the National Pension System i.e. 22.12.2003 and is covered under the National Pension System on joining on or after 01.01.2004 may be given one time option to be covered under the CCS (Pension) Rules, 1972 (now 2021).

3.2 In view thereof, the applicants submitted their one time option along with required in prescribed format for Old Pension Scheme before the cut-off date, but the respondents vide order dated 10.11.2023/24.11.2023 rejected the same. Hence, this Original Application has been filed, challenging the order dated 10.11.2023/24.11.2023.

4. On the other hand, counter reply was filed on 16.10.2024 wherein it has been stated that a