Employees whose recruitment process, including compassionate appointment requests, was initiated prior to the 22.12.2003 notification of the National Pension System are entitled to the benefit of the Old Pension Scheme under the CCS (Pension) Rules, 1972.

O R D E R (ORAL)

The present O.A. has been filed by the applicant seeking following reliefs:-

(a) Call for the records regarding application of the New Pension Scheme on the Applicant with effect from the year 2016 and quash the same;

(b) To declare that the Applicant is entitled for Old Statutory Pension Scheme and the deductions made prior to the year 2016 from the salary of the Applicant applying therein the Old Pension Scheme should continue even subsequently;

(c) To declare that Notification No. F.No.5/7/2003-ECB & PR dated 22.012.2003 and Ministry of Railway's Letter No. F (E) III/2003/PF1/3 dated 31.12.03 and the Office Memorandum dated 17-02-2020 bearing no. 57/04/2019-P&PW(B) published by Department of Pension & PW, Govt. of India is not applicable qua the Applicants;

(d) Call for records relating to the Office Memorandum dated 17-02-2020 bearing no.57/04/2019-P&PW(B) related to Scheme of one time option of coverage under CCS (Pension) Rules 1972 in place of National Pension System limited to those Central Government employee, whose selection for appointment was finalized before 01-01-2004 but appointed on government service on or after 01-01-2004 and pass a direction to make applicable the same qua the Applicant;

(e) Direct the respondents to continue to induct (as was done till the year 2016) the applicant into statutory pension scheme under CCA CCS (Pension) Rules, 1972 notionally treating them to have been appointed as employees of the Respondent No.1 from the date of occurrence of vacancies in the year 2003 for the limited purpose of grant of pension under CCS (Pension) Rules only;

(f) Direct the respondents to stop all recoveries from the pay and allowances of the applicants towards New Pension Scheme and refund the entire amounts so far recovered from the applicants with immediate effect.

(g) To pass such other order/orders as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.”

2. Learned counsel for the applicant states that the father of the applicant, Mr. Chander Pal, was in service of respondent no. 1 as Senior Technical (MCM), under the Delhi Region. The father of the applicant died while in service on 23.05.2003. The applicant, without any delay, submitted a representation before respondent no. 1 on 23.06.2003. The respondents took time to consider the case of the applicant through the screening committee and medical procedures, and an offer of appointment was given to the applicant on 17.03.2004. The applicant joined the services of the respondents immediately on the same date.

3. The respondents started granting the benefit of the Old Pension Scheme to the applicant, and it continued till the year 2016. However, subsequently, the respondents discontinued the deductions in respect of the Old Pension Scheme, and the applicant submitted a representation to the respondents on 18.07.2019, which is placed at Annexure A-9. The respondents have not considered his representation. Being aggrieved by the same, the applicant has filed the present OA seeking aforementioned reliefs.

4. Learned counsel for the applicant states that the process of appointment was started from the date the applicant applied for compassionate grounds i.e. 23.06.2003. The respondents introduced the New Pension Scheme on 22.12.2003, which was to be effective from 01.01.2004, whereas the applicant had already submitted his application for compassionate appointment prior to that date. In view of this, the applica