Bibhudutta Dalei vs Union Of India & Ors.

PRAMOD KUMAR DAS, MEMBER (A):

Heard. Perused the records.

The applicant has filed this OA praying for direction to Resp. No. 2 to bring him within the scope of Old Pension System from National Pension System. His prayer in the OA has been opposed by the respondents in their counter by stating that since the applicant was appointed as Postal Assistant under Bhadrak Division vide order dated 05.02.2004 and joined the post thereafter, which was after the NPS came into existence on 01.01.2004, he is not entitled to the relief claimed in the OA.

No whisper has been made by any of the parties either in the OA, rejoinder or counter that upon the death of the father of the applicant on 23.05.2002 when the application was submitted seeking appointment on compassionate ground but the fact remains that his case was considered by the CRC in its meeting held on 14.01.2004 and recommended for appointment on compassionate ground against the vacancy of 2002. We have come across, the OM dated 22.06.2026 issued by DoP&T, Department of Expenditure, New Delhi directing therein that “the family member who is eligible for being considered for appointment and have applied for compassionate appointment on or before 31.12.2003 shall be considered under CCs (Pension) Rules, 2021 by the concerned Ministry/Department”. As noted above, since the date when the application for providing appointment on compassionate ground was submitted is conspicuously silent in the pleading of the applicant, the onus lies with the respondents to disclose the date of such application, more particularly when the specific stand of the respondents is that applicant’s case was considered by the CRC in its meeting held on 14.01.2004 and recommended for appointment on compassionate ground against the vacancy of 2002. In view of the discussions made above and after examining the case of the applicant in the light of the DoP&T OM dated 22.06.2026, respondents, more particularly respondent No.2, are directed to ascertain the date of application of the applicant seeking compassionate appointment and, in case, it is found that the applicant has made such application before 01.01.2004 then the lawful order shall be issued by the respondents in bring the applicant within the purview of the CCS (Pension) Rules 2021. The entire drill shall be completed within a period of 60 days from the date of receipt of a copy of this OA.

Accordingly, this OA stands allowed to the extent stated above. Pending, MA, if any, also stands disposed of. Costs made easy.