AI Structured Summary
Not yet generated for this judgment
Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The applicants have filed the present Original Application seeking a declaration that they are entitled to be governed by the Old Pension Scheme, on the ground that they were selected pursuant to Advertisement Notification No. Pers-A:7/09/6817-6916 dated 07.02.2009, issued by the Police Headquarters for recruitment to the posts of Constable in 16th to 20th J&K Armed Police Battalions, prior to the introduction of SRO-400 of 2009 dated 24.12.2009, which came into force w.e.f. 01.01.2010.
The applicants submit that they were eligible for the advertised posts and participated in the recruitment process, including the prescribed physical, written and medical examinations, and were duly selected. The selection lists were issued on 28.09.2009 and 08.10.2009 respectively. However, their formal appointment orders came to be issued subsequently on account of verification, medical and other procedural formalities. According to the applicants, the delay in issuance of the formal appointment orders was neither attributable to them nor could it alter the pension scheme applicable to them at the time of their selection.
The applicants have further stated that, upon issuance of their appointment orders, they were placed under the New Pension Scheme introduced vide SRO-400 of 2009. Aggrieved thereof, they submitted representations before Scheme, contending that they were similarly situated to other candidates selected in the same recruitment process who had been extended the benefit of the Old Pension Scheme.
The applicants have relied upon various judgments of the Hon’ble Supreme Court, the Hon’ble High Court of Jammu & Kashmir and Ladakh and this Tribunal, including the judgment in T.A. No. 6934/2020 titled Showkat Ahmad Lone & Ors. v. Union Territory of J&K & Ors., as well as the judgment in Neelofar Mehraj v. State of J&K & Ors., and have contended that the benefit of the pension scheme applicable prior to the enforcement of SRO-400 of 2009 cannot be denied merely because the formal appointment orders were issued after 01.01.2010 for reasons beyond their control. The applicants have also relied upon the order dated 17.02.2025 passed by the Hon’ble Supreme Court in Union Territory of Jammu & Kashmir & Ors. v. Mohammad Yousuf Wagay & Ors., Application.
It is also the case of the applicants that similarly situated employees from the same recruitment process have already been extended the benefit of the Old Pension Scheme and, therefore, denial of the same benefit to the applicants would amount to discriminatory treatment. They have further contended that the right to pension constitutes a recurring cause of action and their claim cannot be defeated merely on the ground of delay or laches.
The applicants have, accordingly, prayed for a declaration that they are entitled to be governed by the Old Pension Scheme in view of their selection pursuant to the aforesaid Advertisement Notification dated 07.02.2009, prior to the coming into force of SRO-400 of 2009 dated 24.12.2009. They have further prayed for a direction to the respondents to extend to them the benefit of the Old Pension Scheme along with all consequential monetary, flowing therefrom. Interim relief has also been sought against application of SRO-400 of 2009 to the applicants.
On the previous date of hearing, i.e. 08.09.2026, learned counsel for the respondents had submitted that an affidavit on behalf of the respondents had been filed on the web portal. However, as the affidavit had not been placed on the physical record, learned counsel submitted that the same would be filed before the Registry during the course of the day. Accordingly, the matter was directed to be listed today.
Today, learned counsel for the respondents, Mr. Furqan Y. Sofi, learned Government Advocate, vice Mr. Rais Ud Din Ganaie, DAG, submits that the affidavit has since been filed and places the same on record. He submits that the claim of the applicants has been examined by the competent authority and stands accepted/redressed in terms of Order No. 1534 of 2026 dated 14.05.2026 passed by the Director General of Police, J&K. He accordingly disposed of in light of the said order.
The affidavit filed on behalf of the respondents states that the applicants had approached this Tribunal seeking the benefit of the Old Pension Scheme on the ground that they had been selected pursuant to the Advertisement Notification dated 07.02.2009, prior to the introduction of SRO-400 of 2009 dated 24.12.2009. It is further stated that the grievance of the applicants was examined by the respondents and the competent authority, i.e. the Director General of Police, J&K, passed Order No. 1534 of 2026 dated 14.05.2026.
As per the said order, upon examination of the relevant record, it was found that the formal appointment orders of the applicants had been issued prior to implementation of SRO-400 of 2009. The competent authority has accordingly ordered that the services of the applicants, namely Shri Arshid Hussain Malik and Shri Gul Bahar Khan, shall be regulated in terms of the service benefits and that they shall not be governed by the provisions of SRO-400 of 2009 dated 24.12.2009.
Learned counsel for the applicants, upon perusal of the affidavit and Order No. 1534 of 2026 dated 14.05.2026, submits that in view of the decision already taken by the competent authority accepting the claim of the applicants, the present Original Application may be disposed of with a direction to the respondents to give effect to the said order and extend to the applicants the benefit of the Old Pension Scheme along with all consequential benefits.
This Tribunal has considered the submissions made by learned counsel for the parties and perused the material placed on record, including the affidavit filed on behalf of the respondents and Order No. 1534 of 2026 dated 14.05.2026. The respondents, through the aforesaid order passed by the competent authority, have accepted the claim of the applicants and have ordered that their services shall be regulated in terms of the service benefits and that they shall not be governed by SRO-400 of 2009 dated 24.12.2009.
In view of the aforesaid decision already taken by the competent authority, the present Original Application is disposed of with a direction to the respondents to give effect to Order No. 1534 of 2026 dated 14.05.2026 and extend to the applicants the benefit of the Old Pension Scheme, together with all consequential benefits flowing from the said order, strictly in accordance with law.
The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order and the outcome thereof shall be communicated to the applicants.
With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous application(s), if any, shall also stand disposed of. No order as to costs.
Registry shall consign the file to the Record Room after Central Administrative Tribunaldue compliance.