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Judgment
PER: JUSTICE S. SUJATHA, MEMBER (J)
This application has been filed under Section 19 of the Administrative Tribunal’s Act, 1985 seeking for the following reliefs:-
“(i)Quash the communication dated 31.08.2023 (Annexure – A6) issued by the second respondent as unconstitutional and unreasonable and
(ii)Direct the respondents to extend the benefit of switching over to the old pension scheme to the applicant in terms of DOP&PW office memorandum no. 57/05/2021-P&PW(B) dated 03.03.2023 (Annexure – A5) and the orders of this Hon’ble Tribunal dated 17.09.2025 in OA No.170/00034/2025 and (iii) Grant any other relief or reliefs as deemed fit and proper in the interest of justice and equity.”
Learned counsel for the respondents has filed a memo along with the copy of the Memorandum dated 15.07.2026 wherein, the applicant along with others has been considered for compassionate appointment for inclusion under Railway Service (Pension) Rules, 2026 taking the date of submission of the application for compassionate appointment by the eligible candidate as the crucial date for determining the eligibility. Accordingly, the benefit of switching from the National Pension System (NPS) to the Old Pension Scheme (OPS) has been extended to the employees who were appointed on compassionate grounds on or after 01.01.2004, provided that their application for compassionate appointment was submitted prior to 01.01.2004.
In the light of the aforesaid memorandum, the reliefs claimed in the application has been favourably addressed to.
Placing reliance on this document, learned counsel appearing for the respondents submits that the OA does not survive for consideration and deserves to be disposed of as having rendered infructuous.
Learned counsel for the applicant does not dispute the same.
In view of the aforesaid, OA stands disposed of as having rendered infructuous.
No order as to costs.