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Judgment
Per: Mr. K.V. Eapen, Administrative Member
The applicants have filed the O.A seeking the following main reliefs:-
“1.To issue an order directing the 2 respondent/authority to issue appropriate orders within a time frame, to include the applicant in the CCS (Pension) Rules, 1972 and as amended.
2.To issue an order directing the 3 and 4 respondents, to carry out appropriate entries in the official records of the applicant without further causing any delay.
3.To issue such other orders, which are proper to the Hon'ble Tribunal in this case.”
Brief facts of the case are as follows: Applicant is working as AE(CIV) in GE, AF Trivandrum under the 2nd respondent. The applicant who has applied for Deputation Cum Re-employment (DCRE) under 2nd respondent, was selected from Army and appointed as JE(CIV) on 07.01.2004. He was placed under the New Pension Scheme (NPS). As per the Office Memorandum dated 17.02.2020 it is submitted that the applicant is eligible for being considered under CCS (Pension) Rules as against New Pension Scheme. Due to non-consideration of his application for the same, the Hon'ble Ahmedabad Bench of CAT directed to consider his case, and he was included in the eligible category of the old pension scheme as opted by him. However, though the recommendation of the Board of Officers reached the 2nd respondent, no orders have been passed. Aggrieved by the non-consideration of Annexure-A8 the applicant has approached this Tribunal.
Heard counsel for the applicant.
It appears from the facts of the case presented in O.A. that the applicant has applied for being considered under the CCS(Pension) Rules, as against the New Pension Scheme. In this connection, he has also brought to notice orders in this case passed by the CAT, Ahmedabad Bench at the time when he was posted at Ahmedabad, where directons have been given to the respondents to consider and decide pending representation of the applicant on the subject of coverage under the CCS (Pension) Rules, 1972 in place of the New Pension Scheme, in the light of the O.M. by the Department of Pension and PW dated 17.02.2020. After this it appears also that the Chief Engineer, Southern Commad, Pune has written a letter to him informing him that his case for applicability under the New Pension Schme in terms of the O.M.No.57/04/2019-P&PW(B) dated 17.02.2020 has been considered by the competent authority through Boad of Officers convened by the Head Quarters and has been recommended by them. It is stated that the case has been forwarded to Engineer in Chief's Branch, being the competent authority. After this letter was issued on 11.09.2021, no further intimation has been given to the applicant in this regard. He has made a representation which has been produced as Annexure-A8 relating to this addressed to the Enginer-in-Chief's Branch, Directorate General(Personnel), MES, New Delhi, but there has been no reponse from the authority concerned. He has also submitted reminders as Annexure-A9 and Annexre-A10. In view of the above circumstances, it is felt that the matter can be settled by directing the respondent ie; the Engineer-in-Chief, Directorate General (Personnel), Military Engineer Services, New Delhi to consider the representation at Annexure-A8 submitted by the applicant and to take a decision in this regard.
Hence, the matter is disposed of with a direction to the respondent ie; Engineer-in-Chief, Directorate General (Personnel), Military Engineer Services, New Delhi to consider Annexure-A8 representation submitted by the applicant within a period of two months from the date of issue of this order and to take a decision in this regard within this period. The applicant may be informed about the decision taken. The O.A is disposed of as above. No order as to costs.
Applicant's Annexures
Annexure A-1 - True copy of the recruitment of temporary JE(CIV) in MES issued by the Chief Engineer Chennai Zone dated 19.12.2003.
Annexure A-2 - True copy of he relevant portion of the Part II order dated 07.01.2004
Annexure A-3 - True copy of the memorandum issued by the Deputy Secretary to the 1 respondent dated 17.02.2020.
Annexure A-4 - True copy of the representation dated 09.05.2020 vide No.PF/MES/EX JC 137415F/03/2020-21
Annexure A-5 - True copy of the LETTER DATED 14/05/2020 vide No.1151/956/E1 Pay
Annexure A-6 - True copy of the order in OA No.8/2021 in CAT, Ahmedabad Bench
Annexure A-7 - True copy of the communication made to the applicant vide No.180103/Court cases/144/E1R(Pay Coord) dated 11/09/2021
Annexure A-8 - True copy of the representation vide No.PF MES/EX JC 137415F/21/2021-22 DATED 03/02/2022
Annexure A-9 - True copy of the reminder vide No.PF MES/EX JC 137415F/05/2022-23 DATED 12/05/2022
Annexures of Respondents
NIL