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CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2580/2024 Reserved on : 21.04.2026 Pronounced on : 12.05.2026 Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon’ble Dr. Sumeet Jerath, Member (A)
1. ABHISHEK KUMAR S/O SH. DULAL DAS AGED ABOUT 37 YEARS R/O- NAGENDRA NAGAR, LANE NO. 03, MITHAPURA, BELA ROAD, MUZAFFARPUR, BIHAR-842 002 PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA.
2. NEHA MISHRA D/O GIRIJA SHANKER MISHRA AGED ABOUT 37 YEARS R/O-538-2ND/694, TRIVENI NAGAR-III, LUCKNOW PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-LUCKNOW
3. OMENDRA SINGH S/O SHIV RAM SINGH AGED ABOUT 41 YEARS R/O- LUCKNOW ROAD, BELITA CHAND, HARDI PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-LUCKNOW
4. PRAKASH CHANDRA S/O PARAS NATH PRASAD AGED ABOUT 36 YEARS R/O- CHHATAUNI, BADHAI TOLI, MOTIHARI EAST CHAMPARAN, BIHAR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-GORAKHPUR
5. ABHAY RAJ YADAV S/O MGAT NARAYAN DARGAHI YADAV AGED ABOUT 35 YEARS R/O- BAREILLY PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-BAREILLY
6. SHUBHAM RASTOGI S/O LT. SH. RAJ KUMAR RASTOGI AGED ABOUT 34 YEARS R/O- F-89, SECTOR-41, NOIDAPRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
7. SHAILESH KUMAR S/O RAMESH CHANDRA AGED ABOUT 32 YEARS R/O- 1A/55, BARRA 6, KANPUR PRESENTLY WORKING AS SSA AT ZONAL OFFICE-KANPUR
8. ANUJ KUMAR MAURYA S/O ANAND KUMAR MAURYA AGED ABOUT 32 YEARS R/O- LACHHIRAMPUR, AJAMPUR, HIRAPATTI, UP PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-GORAKHPUR
9. VIPIN KUMAR YADAV S/O KOMAL SINGH AGED ABOUT 39 YEARS R/O- VILL PATHAKPURA, POST-KURSENA, DISTT. ETAWAH PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-AGRA
10. DILEEP KUMAR S/O DHANESHWAR PRASAD MANDAL AGED ABOUT 36 YEARS R/O- KHAWASPUR MILIK, BHAGALPUR, BIHAR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-VARANASI
11. RAJ KUMAR MEENA S/O RAM KISHORE MEENA AGED ABOUT 37 YEARS R/O- VILL-DULAVA, DAUSA RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-AGRA
12. VIJAY YADAV S/O ASHOK YADAV AGED ABOUT 40 YEARS R/O- PIPRAGHAT, NEAR DILKUSHA COLONY, LUCKNOW PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-LUCKNOW
13. PRADEEP KUMAR SHARMA S/O SURESH CHANDRA SHARMA AGED ABOUT 39 YEARS R/O- 498, ALAMNAGAR, SITAPUR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-LUCKNOW
14. BRIJESH KUMAR MEENA S/O BHENDRA KUMAR MEENA AGED ABOUT 34 YEARS R/O- 13-63/2, IIND FLOOR, VAISHNO DHAM COLONY, KANKARKHEDA, MEERUT PRESENTLY WORKING AS SSA AT REGIONAL OFFICE MEERUT
15. KUNAL AZAD KUMAR S/O RAMAYAN PRASAD AGED ABOUT 35 YEARS R/O- VILL PATNA CITY, PATNA, BIHAR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-VARANASI
16. DAMODAR LAL MEENA S/O CHANDRA PAL SINGH MEENA AGED ABOUT 39 YEARS R/O- H.NO. 4343, GHAT GATE, HUZURI TOPKHANA, JAIPUR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
17. MOTI LAL MEENA S/O PRABHAT MEENA AGED ABOUT 35 YEARS R/O- VILL BHAONYA WALA, P.O. MOHAPURA, TEH-BASSI, JAIPUR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
18. RAJESH KUMAR S/O LT. KANHAIYA LAL AGED ABOUT 41 YEARS R/O- S-195, TJ CAMP, NEAR SHIV MANDIR, GIRI NAGAR, KALKAJI, NEW DELHI PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
19. ANSHRAJ MEENA S/O BADRI AGED ABOUT 36 YEARS R/O- SAWALYAWALA, ANANTPURA, JAIPUR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-AGRA
20. ASHWANI KUMAR MEENA S/O LAXMAN RAM MEENA AGED ABOUT 40 YEARS R/O- VILL ANANTPURA, KARAULI, RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
21. MANOJ MEENA S/O RAJENDRA MEENA AGED ABOUT 40 YEARS R/O- 13-6/1204, ECOVILLAGE-1, GREATER NOIDA WEST PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
22. RAM KRISHNA MEENA S/O HAZARI LAL MEENA AGED ABOUT 38 YEARS R/O- VILL GHIR, TEHSIL-BASSI, JAIPUR PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
23. NANDESH KUMAR MEENA S/O BANSI DHAR DAS MEENA AGED ABOUT 34 YEARS R/O- INAM WALI DHANI, MANOHARPUR, SHAHPURA, JAIPUR RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
24. SOUBHAGYA SHALI MEENA S/O KISHORI LAL MEENA AGED ABOUT 35 YEARS R/O- VILL GUMANPURA, TEH SIKRAI, DISTT DAUSA, RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
25. NARENDRA KAWAT S/O HANS RAJ MEENA AGED ABOUT 37 YEARS R/O- PLOT NO. 435, FLAT NO. 402, NITIKHAND-I, INDIRAPURAM, GHAZIABAD PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
26. VIKAS GUNAWAT S/O RAM KHILADI MEENA AGED ABOUT 41 YEARS R/O- E-41, SARASWATI NAGAR, GAITORE MALVIYA NAGAR, JAIPUR RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
27. SATISH CHANDRA MEENA S/O RAM KUMAR MEENA AGED ABOUT 43 YEARS R/O- QUARTER 7, NIDHI KUNJ COLONY, AGRA PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-AGRA
28. DINESH KUMAR S/O RAMA SHANKAR RAM AGED ABOUT 40 YEARS R/O- H.NO. 122, LAXMI NIWAS, MANSAROVAR PARK-III, LALKUAN, GHAZIABAD PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
29. HARENDRA SINGH MARTOLIA S/O LAXMAN SINGH MARTOLIA AGED ABOUT 34 YEARS R/O- SURING PITHORAGARH, UTTARAKHAND PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-BAREILLY
30 .VISHRAM MEENA S/O RAM RATAN AGED ABOUT 39 YEARS R/O- PLOT NO. 435, FLAT NO. 202, NITIKHAND-I, INDIRAPURAM, GHAZIABAD PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-NOIDA
3131. LOKESH CHANDRA MEENA S/O KISHORI LAL MEENA AGED ABOUT 35 YEARS R/O- VILL MUNAPURA, MANDWAL, DAUSA RAJASTHAN PRESENTLY WORKING AS SSA AT REGIONAL OFFICE-AGRA … APPLICANTS (By Advocate : Mr. Abhishek Kr. Tiwari with Mr. Tushar Bawa)
Versus
1. EMPLOYEES PROVIDENT FUND ORGANIZATION THROUGH ITS CENTRAL PROVIDENT FUND COMMISSIONER
14, BHIKAJI CAMA PLACE, NEW DELHI-110066
2. THE CENTRAL BOARD OF TRUSTEES THROUGH ITS MEMBER SECRETARY AND CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION MINISTRY OF LABOUR, GOVT. OF INDIA BHAVISHYA NIDHI BHAWAN, 14, BHIKAJI CAMA PLACE, NEW DELHI-110066
3. THE CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION 14, BHIKAJI CAMA PLACE, NEW DELHI-110066 … RESPONDENTS (By Advocate : Mr. Ajit Sharma with Mr. Kanchan Kumar for R-2 and Mr. P.
K. Singh)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A) :
1.The instant OA had been filed originally by 48 similarly placed applicants under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-
“A To declare the applicants eligible in terms of OM dated 25.03.1996 and, in accordance with the judgment of the Hon'ble Supreme Court in Smt. Sadhana Khanna 2008 (1) SCC 720 and allow the Applicants to participate in the in the Limited Departmental Competitive Examination for promotion to the post of Section Supervisor, and/or;
B. To Quash the Circular/Notification dated 07.06.2024 which is not in compliance of the orders of the Hon'ble Supreme Court and non-compliance of the DOP&T O.M dated 18.03.1988, 23.10.1989 and 25.03.1996. and, not in accordance with the judgment of the Hon'ble Supreme Court in Smt. Sadhana Khanna 2008 (1) SCC 720.
C. To direct the respondent No. 1 to amend the Recruitment Rules 1992 (amended in 2006, 2017 and 2019) in accordance with the OM No. AB. 14017/12/87-Estt. (RR) dated 18.03.1988, OM No. AB-14017/12/87-Estt. (RR) dated 23.10.1989 and OM No. AB-14017/12/88-Estt. (RR) dated 25.03.1996 and, in accordance with the judgment of the Hon'ble Supreme Court in Smt. Sadhana Khanna 2008 (1) SCC 720.
D. To call for the records from the respondent, and/or;
E. To allow this OA with cost and/or;
F To pass such other and/or further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
2. The factual matrix of the case as per the counsel for the applicants is that the applicants are working as Social Security Assistants (SSA) in EPFO and are challenging the action of the respondents in not permitting them to participate in the Limited Departmental Competitive Examination (LDCE) for promotion to the post of Section Supervisor. Their grievance arose from EPFO Circular dated 07.06.2024 whereby Limited Departmental Competitive Examination (LDCE) was notified for filling up vacancies up to 31.12.2024 and the cut-off date for determining eligibility was fixed as 01.01.2024 requiring completion of 9 years of regular service in the cadre of SSA. The result was declared on 08.01.2014 and the applicants joined service between 2014 to 2016 after completion of formalities. It is the case of the applicants that earlier Recruitment Rules prescribed eligibility of 3 years which was later amended to 5 years and thereafter to 9 years. However, due to staggered joining, some candidates of the same batch who joined in 2014 became eligible, whereas those who joined in 2015–2016 became ineligible as on 01.01.2024. The counsel for the applicants contended that such delay in joining was due to respondents and therefore they cannot be penalized. He further contended that juniors are being permitted while seniors are excluded, which is arbitrary. The counsel relied upon DoPT OMs dated 18.03.1988 and 25.03.1996 and judgments including R. Prabha Devi & Others vs. Govt. of India, Through Secy., Ministry of Personnel and Training, Administrative Reforms and others, Sadhna Khanna vs. UOI etc., to contend that seniors should be considered along with juniors even if short of eligibility. Aggrieved, the applicants preferred representation dated 11.06.2024 however, no relief was granted to them which led them to file the present O.A.
3. The MA No. 2554/2024 was heard by the Coordinate Bench of this Tribunal on 15.07.2024 and all the 48 applicants were allowed to sit in the Limited Departmental Competitive Examination (LDCE) notified vide Notice dated 07.06.2024 for the post of Section Supervisor to save them from grave prejudice and irreparable loss. However, it was directed that the result of the applicants shall be kept in sealed cover and not to be disclosed without the leave of the Court. Later, when the matter was heard by us on 02.04.2026, the counsel of the applicants had submitted that out of the 48 candidates, only 31 had qualified in the LDCE and 17 had failed. He had further stated tha
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