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Judgment
The applicants are Assistant Loco Pilots who had applied for the post notified in the Employment Notice No.1/2003 for the vacancies that were notified prior to the introduction of National Pension Scheme. They had undergone written examination on 23.11.2003 and the results were published on 23.12.2003. On the ground that they had applied for the post of vacancies that had arisen prior to the introduction of the NPS, they claimed that they are entitled to get the benefits of old pension scheme/statutory pension rules. They are aggrieved by the rejection of the respondents to include the applicants under the Railway Service (Pension) Rules 1993 as it existed prior to 1.1.2004.
The respondents have filed their reply statement contesting the claims.
Now the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare has issued an O.M No.57/05/2021-P&PW(B) dated 3rd March, 2023 which recognizes the right of employees, who are appointed against a post or vacancy which was advertised/notified for recruitment/appointment, prior to the date of notification for National Pension System i.e, 22.12.2003, to submit a fresh one-time option and are entitled to get the benefits of the old pension scheme/CCS (Pesnion) Rules, 1972 (now 2021). Pursuant to the said O.M of the Department of Pension and Pensioners' Welfare, the Ministry of Railways has issued an order adopting the same. The learned Standing Counsel has today produced a copy of the order of the Railway Board dated 10.03.2023 in which in place of NPS those Railway employees who are recruited against the posts/vacancies advertised prior to the date of notification for NPS i.e, 22.12.2003 can switch over to the pension scheme under Railway Service (Pension) Rules 1993.
In the light of these developments, it is open to the applicants to exercise option and switch over to the Railway Service (Pension) Rules 1993. Leaving open the right to exercise such an option to switch over to the old pension scheme, the Original Application is disposed of. No costs.