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Judgment
(As per Hon’ble Mr. Manish Garg, Judicial Member)
The instant O.A. is filed by the applicant seeking the following relief:
“It is therefore prayed that this Hon’ble Tribunal may be pleased to call for the representations of the Applicant dated 05.01.2026 & 01.05.2026 and relevant records and direct the Respondents to reckon the services of the Applicant for coverage under Railway Service (Pension) Rules, 1993 in place of National Pension System and pass such other order or orders as deemed fit and proper under the circumstances of the case and in the interest of justice.”
Learned counsel for the applicant submits that the applicant was appointed as Substitute Bungalow Peon in South Central Railway on 05.12.2001 and was later posted as Substitute Gangman; after rendering continuous service, he was granted temporary status as Sub-Trackman with effect from 04.04.2002 (confirmed by corrigendum dated 24.05.2022 taking into account his earlier service). He was subsequently regularized and continues in service as Track Maintainer-I. In terms of RBE No.41/2023 and DoPT OM dated 03.03.2023, employees appointed against posts/vacancies notified prior to 22.12.2003 are entitled to coverage under the Railway Services (Pension) Rules, 1993 (Old Pension Scheme) and need not exercise any option for switching from NPS. Despite the Applicant’s continuous service from 2002 (prior to 01.01.2004), the Respondents placed him under the National Pension System. He submitted representations dated 05.01.2026 and 01.05.2026 seeking coverage under the Old Pension Scheme, but the same remained unconsidered. Hence, the present O.A., seeking a direction to reckon his services under the Railway Services (Pension) Rules, 1993.
Mr. N. Parameswar Reddy, learned Senior Panel Counsel accepts notice on behalf of the respondents and opposes the relief sought in the present O.A. He requests for grant of four weeks’ time for filing a detailed reply.
It has been submitted by the learned counsel for the applicant during the course of the admission hearing that the representations dated 05.01.2026 and 01.05.2026 submitted by the applicant are still pending consideration before the competent authority.
In view of the above, the O.A. is disposed of at the admission stage, with a direction to the respondents to dispose of the representations dated 05.01.2026 and 01.05.2026 of the applicant by a reasoned and speaking order, following the principles of natural justice and in accordance with law, within thirty (30) days from the date of receipt of the order.
It is needless to mention that we have not entered into the merits of the case. Pending MAs, if any, are also disposed of. No order as to costs.