Sanction/release of posts prior to NPS notification (22.12.2003) constitutes 'notified for recruitment' under OM dated 03.03.2023, entitling post-01.01.2004 appointees to switch from NPS to Old Pension Scheme despite delayed public advertisement.

O R D E R

AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:

THE ISSUE

1. The issue involved in this case is whether the applicants have vested legal right for coverage under Central Civil Services (Pension) Rules instead of NPS though appointed after 01.01.2004 against posts or vacancies notified-released for recruitment prior to 22.11.2003, the date of notification for NPS or 01.01.2004 but the advertisement published after 01.01.2004?

THE PRAYER

2. Applicants have invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking following main relief [as extracted from the OA] reads as -

“This Hon’ble Tribunal may graciously be pleased to

(a). direct the respondents to grant Old Pension to the applicants, quashing orders dt.20-10-2023 (ANNEXURE A1 Colly supra);

(b) Pass such other order/s as may be deemed fit & proper.”

FACTS IN BRIEF

3. Shorn of unnecessary details, the briefly stated facts as adumbrated by the applicants in the OA and specifically not denied by the respondents in the counter reply. Applicants have stated in the OA that they were appointed on the posts of Store Keeper and Assistant Store Keeper in Air Headquarters, Indian Air Force, New Delhi, pursuant to advertisement dated 07-13 February, 2004 published in the Employment News. So also stated in the Memo of parties that Applicant Nos. 1, 2, 3, 4, 5, 6, 7 and 8 are working as Senior Store Superintendent, Applicant Nos. 9, 10 and 11 are working as Superintendent (Store), Applicant No.12 is working as Area Manager, Applicant No.13 as Senior Accountant, Applicant No.14 as Assistant Accounts Officer, Applicant no.15 as F&S Officer, Applicant No.16 as Assistant Auditor Officer and Applicant No.17 as Junior Accountant, whereas Applicant Nos. 18, 19 & 20 superannuated from the post of Superintendent (Store).

4. His Excellency President of India vide letter dated 28.07.2003 has conveyed the sanction for filling up 530 vacant posts of Civilians by direct recruitment in the various Air Force Units by Screening Committee for the year 2000-2001 and 2001-2002 in terms of DoP&T OM dated 16.05.2001 and for Group ‘C’ – 370 posts released out of total 530 posts released for recruitment.

5. The non-availability certificate in respect of filling up 530 posts by direct recruitment sought vide letter dated 29.10.2003 and granted vide letter dated 31.10.2023. Respondents published advertisement dated 7-13 February, 2004 (Annexure A-2) in the Employment News for the posts of Store Keeper and Assistant Store Keeper in Indian Air Force, Air H.Q., New Delhi. The applicants having been appointed pursuant to advertisement dated 7-13 Feb., 2004 for Air HQ, New Delhi were not granted benefits of Old Pension Scheme under CCS (Pension) Rules, 1972 (Now 2021) whereas for the posts for Indian Air Force HQ, Maintenance Command, Nagpur to fill up out of total 530 posts sanctioned and released pursuant to same letter/notification dated 28.07.2003 has been granted benefits of Old Pension Scheme and as per OM dated 03.03.2023, granted coverage under CCS (Pension) Rules, 1972 (Now 2021) in place of NPS.

6. Applicants have made specific averments in the OA that all the applicants were appointed against the posts/vacancies of 530 civilian posts sanctioned/released on 28.07.2003 and for Air HQ, respondents issued advertisement on 7-13 Feb, 2004 and for HQ Maintenance Command, IAF,