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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):
“a)Liberty may be granted under Rule 4(5)(a) of Central Administrative Tribunal (Procedure) Rules, 1987 to file and maintain the Original Application jointly.
b)To set aside and quash impugned RBE No. 28/2020 dated 03.03.2020 circulating impugned Office Memorandum dated 17.02.2020 and RBE No.41/2023 dated 10.03.2023 circulating Office Memorandum dated 3rd March, 2023 issued by Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare to the extent of non-inclusion of the date of accrual of vacancy as an eligibility criteria to switch over to the pension scheme under CCS (Pension) Rules, 1972/Railway Services (Pension) Rules, 1993 from the NPS.
c)To direct the respondents to take into consideration the date of accrual of vacancy to Group-C post of Trainee Assistant Driver in Scale of Rs. 3050-4590/-as notified vide Employment Notice No- JEN-1/2004 dated 19.06.2004 as the date of appointment/posting of the applicants for the limited purpose of grant of pension under the Railway Services (Pension) Rules, 1993 with all consequential benefits.
d)To direct the respondents to grant the benefit of Orders passed in O.A. 20/2015 dated 15.02.2016, Ο.Α. 290/2017 dated 20.04.2017, judgment dated 27.03.2017 passed by the Hon'ble Delhi High Court in W.P.(C) 2810/2016, SLP against which has been dismissed by the Hon'ble Supreme Court and judgment of the Supreme Court in the case of UOI vs. Shabad Prakash Punia SLP (C) No.7373 of 2021 and allow the applicants to switch over from NPS to OPS as applicants are similarly situated and similarly circumstanced to that of above.
e)To direct the respondents to modify and/or amend RBE No. 28/2020 dated 03.03.2020 circulating impugned Office Memorandum dated 17.02.2020 and RBE No.41/2023 dated 10.03.2023 circulating Office Memorandum dated 3rd March, 2023 issued by Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners Welfare to the extent of inclusion of the date of accrual of vacancy as an eligibility criteria to switch over to the pension scheme under CCS (Pension) Rules, 1972 / Railway Services (Pension) Rules, 1993 from the NPS.
f)To direct the respondents to allow the applicant to switch over to the old pension scheme by treating the date of accrual of vacancy for the Post of Trainee Assistant Driver in Scale of Rs. 3050-4590/-as notified vide Employment Notice No- JEN-1/2004 dated 19.06.2004 as the date of appointment/ posting for the limited purpose of grant of pension under Railway Services (Pension) Rules, 1993 and declare the applicant as pensionable staff within the purview of Railway Services (Pension) Rules, 1993 by granting benefit of the judgment has been dismissed and also judgement of the Supreme Court in the case of UOI vs. Shabad Prakash Punia SLP (C) No. 7373 of 2021.
g)Any other order or orders as the Hon'ble Tribunal deems fit and proper.”
Brief facts of the case in a nutshell are as under:
Applicants in the instant original application are Loco Running Staffs (Group C) in the Kharagpur Division of South Eastern Railway and are working as LPS-1/LPG/LPP/Motorman. Applicants were appointed against Employment Notice No. JEN-01/2004 dated 19.06.2004 issued by the Railway Recruitment Board, Kolkata in the post of Trainee Assistant Driver (Diesel/Electric) after 01.01.2004. Applicants have prayed for switching over from National Pension System (NPS) to Old Pension Scheme (OPS) taking into consideration the accrual of vacancy against Notification dated 19.06.2004 relying upon judicial pronouncements as highlighted in the instant O.A. Applicants have submitted representations ventilating their grievances but to no avail. The said representations have not yet been considered and disposed of by the respondent authorities. Hence this OA has been filed.
Though ample opportunities have been granted to the respondents to file their reply, no reply has been filed. However, considering the issue, the claim of the applicants is to extend the benefit of O.M. dated 03.03.2023. Though the advertisement was issued in the year 2004, however, vacancy pertains to prior to the year 2004 and the respondents have not even considered Para 3 of O.M. dated 03.03.2023.
The main thrust of the applicants is that the Government of India has issued O.M. dated 03.03.2023 to give benefit under the Old Pension Scheme where the advertisement as well as vacancies is prior to 01.01.2004. Further, it is clarified that even though the advertisement is issued subsequently, if the vacancies are prior to 01.01.2004, the persons will be covered under the Old Pension Scheme following the said O.M. dated 03.03.2023. Applicants have submitted their detailed representations dated 04.06.2025, 05.06.2025 and reminders dated 09.08.2025 and 22.08.2025 collectively addressing to the competent authority among the respondents. However, there is no heed paid to the same.
Considering the said submission, Ld. Counsel for the respondents submits that if direction has been given to the competent authority to examine and consider the claim of the applicants in accordance with the O.M. dated 03.03.2023 and subsequent circulars issued by the Nodal Agency DOPT which has been accepted by the Railways in mutatis mutandis within a stipulated period of time, purpose of filing this O.A. will be fulfilled.
Ld. Counsel for the applicants opposes the said submission stating that if such a direction had been given at the admission stage, then he would have no grievances. However, after issuing notice and granting ample opportunities to the respondents, this direction would not suffice the purpose of filing the O.A.
Ld. Counsel for the applicants has also referred to the order of this Tribunal dated 26.11.2021 in O.A. No. 350/01188/2021.
We have considered the submissions of both sides and we deem it fit and proper to not interfere in the routine matter of the administration. Therefore, the competent authority among the respondents is directed to consider the pending representations of the applicants and pass a reasoned and speaking order following strictly in adherence to O.M. dated 03.03.2023 and subsequent circulars within 02 (two) months from the date of receipt of the order.
Accordingly, the O.A is disposed of with no order as to costs.