CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH:

NEW DELHI

O.A. No.2446 of 2017

Orders reserved on : 14.05.2019

Orders pronounced on : 17.05.2019

Hon’ble Ms. Nita Chowdhury, Member (A)

Dr. Sunil Kr. Verma (aged 63 years)

S/o Late Sh. K.K. Verma

R/o New Jyoti Housing Society,

Plot No.27, Flat No.A-201, Sector-4, New Delhi-110078

....Applicant

(By Advocate : Shri B.S. Jarial)

VERSUS

The Chief Administrative Officer,

All India Institute of Medical Sciences,

Ansari Nagar, New Delhi-110029.

.....Respondent

(By Advocate : Shri Nipol Gautam)

O R D E R

The applicant has filed this OA under Section 19 of the

Administrative Tribunals Act, 1985 seeking the following

reliefs:-

“A.

Direct the respondent to allow the Pension

under CCS (Pension) Rules, 1972, as already

admitted by the Respondents in their RTI

reply dated 15.06.2017 (Ann A-13 (Colly),

arrears with interest rate as applicable and

in future as per the extant rules of the

respondent. And

B.

Direct the respondent to release Gratuity

and commutation of pension along with 18%

compound interest on the delayed retiral

dues till the payment is made, and

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C.

Direct the Respondent to give damages to

the applicant and costs of this litigation and

costs of the lawyer‟s notice given to the

Respondent as deem fit and proper to this

Hon‟ble Tribunal, and

D.

Any other relief the Hon‟ble Court may deem

fit and proper in the facts and circumstances

of the case. Prayed accordingly in the

interest of justice.”

2. Brief facts of the case as stated by the applicant are that

the applicant joined as Assistant Research Officer in the

Department of Medicine, AIIMS, New Delhi on 01.04.1987 in

a Project which lasted for about 11 months and 9 months (till

30.06.1999).

Immediately

after

joining,

the

AIIMS

Administration had allowed a GPF No. G-5360 to the

applicant and started deducting the contribution amount

from his salary since the beginning, i.e., from 1.4.1987.

Annexure A-1 of the O.A. is the appointment letter dated

3.4.1987 of the applicant in which the service conditions of

the applicant are stated. It is the respondent who had opened

GPF account no.G 5360 of the applicant. And hence he avers

that the services rendered on contract basis or ad hoc

services shall be counted for pensionary benefits. Later on

also applicant was given various projects from time to time till

his retirement thus was continuously given assignments by

the

respondent

from

19.9.2001

in

various

projects.

Thereafter, the respondents vide its Memo dated 28.11.2008

had absorbed the applicant though the applicant was entitled

to be absorbed in the year 2005 after completion of 15 years

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of services. The matter regarding counting of past service

rendered by him in various projects of the respondent for

grant of pensionary benefits is also sought to be considered

as per rules of the respondent.

2.1

The applicant states that he is entitled for counting of

his services since 1.4.1987 till the date of his retirement i.e.

31.8.2014 towards pensionary benefits as decided in catena

of judgments of various courts.

2.2

The case of the applicant is fully covered by the old

pension scheme. As the new pension scheme had been

introduced on 1.1.2004 by Government of India. On

23.8.2003, the Govt. of India had approved the proposal to

implement the budget announcement of 2003-2004 relating

to introducing a new restructured defined contribution

pension system, to be named NPS. Thereafter, through Govt.

of India, Ministry of Finance, Notification dated 22.12.2003,

published in the Gazette of India of the same date, it was

directed as follows:-

“G.I.M.F. Notification No.5/7/2003-ECB and PR,

dated

22.12.2003-published

in

Gazette

of

India,

Extraordinary Part-1, Section I, dated 22.12.2003.

Introducing a new restructured defined contribution

pension system for new entrants to Central Government

Service – The Government approved on 23