CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Original Application No. 060/767/2021 Pronounced on: 26.02.2026 Reserved on: 06.02.2026 CORAM: HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

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

Ms. Manorama Sharma D/o Sh. Suraj Bhan Sharma, age about 45 years, Sr. Technician (Radiotherapy), Department of Radiotherapy and Oncology, PGIMER, Chandigarh, R/o House No.49, Type-III, PGIMER Campus, Sector 12-A, Chandigarh. (Group B)

... Applicant By Advocate: Mr. Jugam Arora for Mr. R.K. Arora Versus

1. Union of India through the Secretary to Government of India, Ministry of Health and Family Welfare, Nirman Bhawan, Near Udyog Bhawan Metro Station, Maulana Azad Road, New Delhi - 110011.

2. The Post Graduate Institute of Medical Education and Research, Chandigarh through its Director-160012.

3. The Administrative Officer, Post Graduate Institute of Medical Education and Research (Establishment Branch), Chandigarh-160012.

... .Respondents 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) To quash the impugned order dated 11.06.2021 (A-12), whereby request of the applicant for granting her benefit of GPF- cum-Old Pension Scheme has been declined without assigning any valid reason, without considering the claim of the applicant on merits, without examining the judgments and the previous precedents referred to in the representations, whereby similarly situated have already been given similar benefit; as being patently illegal, arbitrary, mala fide, unconstitutional, cryptic, discriminatory, contrary to the law settled by this Tribunal in Dr. Neelam Aggarwal Vs. Union of India & Ors upheld up to the Hon'ble Supreme Court and the benefit given in many other judgments.

ii) To issue directions to the respondents to allow the applicant benefit of GPF-cum-Old Pension Scheme, prevalent at the time of her initial appointment on ad hoc basis together with all consequential benefits, arising therefrom, in accordance with Rules and Law together with interest.

Digitally signed

2. The facts of the case, in brief, are that the applicant was initially appointed as Junior Technician (Radiology) on ad hoc basis on 23.12.1999. Subsequently, she was appointed as Junior Technician (Radiotherapy) on ad hoc basis vide appointment letter dated

16.03.2001. At the time of her initial appointment, her services were governed by the CCS (Temporary Service) Rules, 1965. Her service book was duly opened and maintained. During the period of her ad hoc service, she was granted the regular pay scale of Rs. 4500–7000 along with annual increments, leave, LTC, bonus and other admissible service benefits. On 12.05.2004, the services of the applicant were regularized against the same post of Junior Technician (Radiotherapy). Her service book was continued under SR 198 upon regularization. There was no break in service between her ad hoc appointment and subsequent regularization, and her service continued uninterrupted.

3. The applicant, on the basis of dictum of decision in Dr. Neelam Aggarwal’s case submitted a representation dated 26.04.2019 through proper channel, which was forwarded by the Head of Department vide Dispatch No. RT/PGI/19/738 dated 06.05.2019, seeking grant of benefit of GPF and Old Pension Scheme under the CCS (Pension) Rules, 1972 and for transfer of her NPS contribution to the GPF Account. No action was taken on the said representation. In March 2020, a nationwide lockdown was imposed with effect from 23.03.2020 due to the COVID- 19 pandemic. After improvement in the situation, the applicant filed an application dated 20.02.2021 under the Right to Information Act seeking information regarding action taken on her representation dated 26.04.2019. In response, the Public Information Officer, PGI, Chandigarh, informed her that no such application had been re