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CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH

O.A No. 710/2022 Chandigarh, this the 27^th day of March, 2026

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

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

Madan Lal s/o Sh. Shinoo Ram, aged 48 years, working as Driver Grade- in the office of Principal Accountant General (Audit), H.P.,

Shimla, -171001.

…Applicant

(BY ADVOCATE: Sh. K.B. Sharma)

VERSUS

1. Comptroller and Auditor General of India, Pocket No. 9, Deen Dayal

Upadhyay Marg, New Delhi. 110001

2. Principal Accountant General (Audit), Himachal Pradesh, Shimla, -

(H.P.)-171001.

...Respondents

(BY ADVOCATE: Sh. Sanjay Goyal, Sr. CGSC)

O R D E R

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed instant O.A under Section 19 of the Central

Administrative Tribunals Act, 1985 seeking following relief:

(I) That a direction be issued to the respondents to consider the claim of the applicant for covering him to the provisions of Old Pension Scheme (CCS(Pension) Rules, 1972) & GPF Rules, in the

interest of justice.

(II) That it be declared that the applicant is entitled all the benefits under Old Pension Scheme i.e.

CCS (Pension) Rules, 1972.

MANDEEP SINGH MANDEEP SINGH

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(III) That the action of the respondents in applying the New Pension Scheme be declared illegal and

arbitrary and against the law.

2. The brief facts of the case are that the name of the applicant was

sponsored through Employment Exchange for the post of Driver in the respondents department on Daily wage basis and after going through the Interview, Driving test etc, he was selected as Driver by the respondents on daily wage basis against sanctioned post. The applicant joined his service with the respondent no. 2 in September, 1998 as Driver on daily wage basis. The daily wage service of the applicant was followed by the regularization of his service and substantive appointment as Staff Car Diver, vide order dated 15.02.2007. Now the applicant has been working as Driver Grade-l. After regularization of services of the applicant, the respondents started deducting CPF from his salary under the New Pension Scheme in terms of Government of India DOPT letter No.49014/1/2004- Estt(C) dated 26.4.2004. They applied new Pension Scheme in the case of the applicant. It has been pleaded that since, the applicant was engaged in the year 1998 as a Casual Labourer, and at that time Old pension Scheme i.e. CCS (P) Rules 1972 was in existence, therefore, the applicant was required to be governed under CCS (Pension), Rules 1972 and he was entitled to subscribe to GPF under Old Pension Scheme. The new Pension Scheme which was introduced in the year 2004 cannot be applied retrospectively, in the case of the applicant. His service of more than 09

years prior to his regularization of his services cannot be wiped out.

3. It is submitted that the issue whether an employee joined prior to 2004

as Casual Labourer and regularized after 1.1.2004 is entitled to benefit under Old Pension Scheme or New Pension Scheme came was subject

MANDEEP SINGH MANDEEP SINGH

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matter of adjudication before Bangalore Bench of this Tribunal. He has relied upon the order dated 19.12.2019 of Co-ordinate Bangalore Bench of this Tribunal in the case of P VENKATESH v. INSTITUTE OF AEROSPACE MEDICINE, IAF, O.A. No. 554/2019 and order dated 19.12.2019 of Bangalore Bench Ravi S M vs UOI and Ors, O.A. No. 558/2019 which was allowed in favour of applicant therein. He has also placed reliance in the case of Jagmohinder Singh & Ors Vs. UOI & Ors, O.A. No. 585/CH/2012 decided on 18.4.2013, wherein the employee who were appointed on daily wages basis and their services were regularized after 1.1.2004, were granted benefits under the New Pension scheme. This Tribunal negated the contention of the respondents therein and directed the department not to apply the New Pension Scheme in their case as they are not fresh appointees. It has been pleaded that the case of the applicant is squarely covered by the decision

in the c