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Judgment
Per: Hon'ble Dr. Lata Baswaraj Patne (J):
Ld Counsel for both the parties are present.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a)To set aside and quash impugned letter No. SER/P-ADA/Coverage from NPS to OPS/17/2024 dated 21.05.2024 issued by Sr. Divisional Personnel Officer, S.E. Railway, Adra.
b)To set aside and quash impugned letter No. SER/P-ADA/CC /565/OA No./1989 of 2024/DM dated 20.01.2025 issued by the Sr. Divisional Personnel Officer, South Eastern Railway, Adra.
c)To direct the respondents to allow the applicant to switch over from NPS to OPS under Railway Service (Pension) Rules, 1993 by issuing necessary Pension Payment Order and to disburse the pension along with arrears and other consequential benefits.
d)To direct the respondents to produce the entire file in relation to compassionate appointment of the applicant before this Hon'ble Tribunal for ends of justice.
e)Any other order or orders as the Hon'ble Tribunal deems fit and proper."
Ld Counsel for the applicant submits that after the death of the husband of the applicant the applicant was appointed on compassionate ground on 25.10.2004 as Jr. Commercial Clerk in Adra Division of South Eastern Railway. He was, thereafter, promoted to the post of Chief Commercial Clerk and finally retired from service on attaining the age of superannuation on 30.09.2023. Vide Memorandum dated 06.11.2023 it was decided to declare the applicant eligible to switch over from National Pension System (NPS) to Railway (Pension) Rules, 1993 (OPS) and accordingly P.F. No. was also allotted to him. Vide Impugned letter dated 21.05.2024 the switching over from NPS to OPS was cancelled for reasons best known to the respondents. Being aggrieved, applicant submitted a representation dated 07.09.2024 and 01.11.2024 ventilating her grievances but of no avail. Being aggrieved with the same the applicant filed O.A. 1989 of 2024. During the pendency of the said OA, letter dated 20.01.2025 was issued by the respondents rejecting the representation of the applicant. Vide Order dated 30.01.2025, O.A. 1989 of 2024 was dismissed as withdrawn with a liberty to file afresh. Hence, this O.A. is filed by the filed challenging letter dated 20.01.2025.
Ld Counsel for the applicant relies upon the para 2 of the OM dtd. 22.06.2026 issued by the DoPPW which states as under:
"2.After inter-ministerial consultation and examination in consultation with the Department of Expenditure and DoPT, It has been decided that the date of application for Compassionate Appointment shall be considered as the crucial date for compassionate appointments provided that the applicants were eligible to be considered for appointment at the time of their application. 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 Ministries/Departments."
Ld Counsel for the applicant further submits that the issue here is squarely covered by the OM dtd. 22.06.2026 issued by the DoPPW. It is not in dispute that the after the death of the husband of the applicant she made application/s for appointment on compassionate ground prior to 01.01.2004. Thereafter, being found eligible she was granted the appointment also. Therefore, the applicant herein is entitled to switching over from NPS to OPS.
On the other hand Ld Counsel for the respondents vehemently opposes to the relief(s) sought for by the applicant in the OA on the ground that although the offer of appointment was issued to the applicant on 08.12.2003, it was not issued by the respondent authorities since the Screening Committee was cancelled on 01.12.2003 and no panel was published adjudging the suitability of the candidates. He further submits that the applicant was appointed on regular basis as Jr. Clerk on 25.10.2004 following the recommendation of the Screening Committee which was held on 22.06.2004 i.e. after 01.01.2004. Hence the applicant who was appointed after 01.01.2004 is not covered by the OPS.
We have heard both the parties and have perused the material available on record.
The OM dtd. 22.06.2026 issued by the DoPPW reads as under:
"The undersigned is directed to say that the proposal has been received in this Department for consideration of employees appointed on compassionate ground for inclusion under old pension scheme in accordance with the principle underlying the DOPPW OM dated 03.03.2023 by fixing a date of advertisement in their case. It was also requested by the staff side during the meeting of National Council (JCM) held on 25.02.2025 under the Chairmanship of Secretary (Pension) that the facility of coverage under OPS be extended to compassionate ground appointees who had submitted their application before 01.01.2004 but were appointed after 01.01.2004. Further, it was highlighted that there is no Notification/Advertisement in the case of appointments on compassionate grounds."
2.After inter-ministerial consultation and examination in consultation with the Department of Expenditure and DoPT, it has been decided that the date of application for Compassionate Appointment shall be considered as the crucial date for compassionate appointments provided that the applicants were eligible to be considered for appointment at the time of their application. 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 Ministries/Departments
3.All Ministries/Departments are requested that the above instructions may be considered in all such cases of compassionate appointments.
4.This Issues in consultation with Ministry of Finance, Department of Expenditure Vide ID Note No.1(7)/EV/2019 dated 21.05.2026.
5.In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.
6.Hindi version will follow."
We are of the view that the issue involved here is covered by the said OM dtd. 22.06.2026 issued by the DoPPW. Therefore, the OA is allowed. The impugned letters dtd. 21.05.2024 and 20.01.2025 are quashed and set aside. The applicant is directed to submit a fresh option form (in prescribed form) within a period of 04 weeks from the date of receipt of a certified copy of this order. On receipt of such option form the respondents are directed to accept the same and process with to allow the applicant to switch over from NPS to OPS following the OM dtd. 22.06.2026 issued by the DoPPW, within 03 months thereafter.
Accordingly, the OA is disposed of. No cost.