Shri Bikash Chandra Mondal & Ors. vs The Union Of India & Ors.

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):-

Ld Counsel for the applicants submits that the applicants, working under the Executive Director, metal & Steel Factory, Ishapore, were appointed on compassionate ground on the death of their parents while on service. The deaths of the concerned ex-employees took place during the period between September, 1999 and December, 2002. Consequently appeals / applications for employment assistance were submitted immediately by the legal heirs of the deceased employees. The General Manager considered the ceases against vacancies which arose till 2002. The applicants along with others were called for Interview / Trade Tests for suitability (Compassionate appointment case) during the month of May, 2003. However, while processing the cases, the authorities discovered that erroneously/inadvertently due to oversight the relevant provisions of the current policy / scheme framed in deference with the Hon'ble Apex Court's judgment were not taken into consideration. Accordingly, the interview /trade tests were postponed and finally cancelled. The authorities then reworked the vacancies and merit ratings of the pending appeals /applications for compassionate appointment. Taking into account 5% of the vacancies in direct recruitment quota that arose during the years 2001, 2002 and 2003 recruitment actions to 33 vacancies were undertaken again. Accordingly the applicants along with others were recommended, by a duly constituted Board of Officers, for grant of appointment on compassionate ground against those existing vacancies. Thereafter on completion of all the procedures, the applicants were offered appointment on different dates during April/May/June, 2005. The Government of India, Ministry of Personnel, Public Grievance and Pension, Department of Pension and Pensioners' Welfare, vide Office Memorandum No. 57/05/2021-P& PW(B), dated 03.03.2023, have provided that in all cases where the Central Government employees have been appointed against the 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 and are covered under National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under CCS (Pension) Rules, 1972. The applicants, therefore, made representations exercising option for switching over to OPS from NPS. But, the Dy. General Manager/AK, for General Manager, Metal & Steel factory, Ishapore, vide identical orders all dated 04.11.2023 has rejected the representations submitted by the applicants and thereby refusing to grant conversion from National Pension System to Old Pension System under the CCS (Pension) Rules, 1972 and the benefits of General Provident Fund in respect of the applicants concerned. Being aggrieved by the said orders of the respondents, the applicants have filed the instant OA.

Ld Counsel for the respondents reiterates the averments made by the respondents in their detailed reply and vehemently opposes to the relief(s) sought by the applicants in the OA.

Ld Counsel for the applicants submits that refuting the averments made by the respondents in their reply the applicants have also filed a rejoinder.

Ld Counsel for the applicants further submits that the applications of the applicants, after the death of their parents for appointment on compassionate ground, were made much before 01.01.2004 and the same were also been considered by the respondents. Although steps were taken by the Screening Committee to consider the said claim of the applicants, it was not concluded finally before 01.01.2004 for administrative or otherwise reasons best known to them. However, the facts remain that the vacancies against which the appointment of the applicants was considered on compassionate ground as per the 5% ceiling were notified to be available and were kept vacant prior to the date of notification for National Pension System i.e. 22.12.2003.

Heard both the parties and have perused the material available on record.

The fact which is not in dispute is that the vacancies against which the appointments of the applicants were considered arose prior to 01.01.2004. It is also not in dispute that the Screening Committee already took up the issue for consideration for grant of appointment on compassionate ground to the applicants following the criteria and rules.

We have gone through the DoPT OM dtd. 03.03.2023. Para 4 of the said OM clearly stipulates as under:

Although the applicants were given appointment on substantive posts on regular basis subsequent to 01.01.2004, in view of the para 4 of DoPT OM dtd. 03.03.2023 the instant OA succeeds and the same is allowed with liberty to the applicants to submit their option form with regard to switching from NPS to OPS, in an appropriate manner, 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 consider the same allowing the applicants to switch from NPS to OPS within 02 months thereafter.

Accordingly, the OA is disposed of. No cost.