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Judgment
Delivered by: Hon’ble Mr. Anjani Nandan Sharan, Member (A)
Heard Shri Ashok Kumar Shukla, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents and with the consent of learned counsel for both the parties, the instant original application is being disposed of at the admission stage itself.
The instant Original Application, under section 19 of the Administrative Tribunal Act, 1985, has been filed by the applicant, seeking following reliefs:
“(a)Issue an order or direction to the respondents to pass order covering the applicant under the Old Pension Scheme with all consequential service, retiral and pensionary benefits.
(b)Direct the respondents to calculate, finalize and release the regular monthly pension and pensionary arrears payable to the applicant from the date of his superannuation, being 20.2.2020 alongwith interest at the rate of 9% per annum or such other rate as this Hon'ble Tribunal may deem just and equitable from the date of the arrears became due until actual disbursement.
(c)Any other relief which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.
(d)Award the cost of the original application in favour of the applicant.”
Brief facts of the case are that the applicant was appointed as a Departmental Postman against 2001 vacancy on 14.10.2004 and later became a Postal Assistant on 05.12.2011. He retired on 29.02.2020. Under the Government’s OM dated 03.03.2023, he was eligible to opt for the Old Pension Scheme (OPS), and he submitted his option on 31.03.2023 within time. However, the department delayed processing his case and formally accepted OPS only on 13.08.2024. The applicant refunded ₹7,01,730 of NPS contribution as directed, but he has still not received either NPS or OPS pension. The departmental authorities are now seeking approval for the delayed acceptance, despite the delay being entirely administrative. The applicant has made several representations, but no effective decision has been taken. He, therefore, claims that he should not suffer because of departmental delay and seeks coverage under OPS with all consequential pensionary benefits.
Learned counsel for the applicant submits that the representation of the applicant dated 28.07.2026, which is at Annexure-16 (appended at Page 54), is pending before the respondents, but the respondents have neither shown any consideration nor any order has been passed on the said representation. He further submits that he would be satisfied, if he (the applicant) is granted liberty to file a fresh representation along with relevant documents and a direction is issued upon the respondent concerned to dispose of the said fresh representation of the applicant, by passing a reasoned and speaking order, within stipulated time as fixed by this Tribunal.
On the other hand, learned counsel for the respondents has no objection if a direction is issued for disposing of representation of the applicant, in accordance with law, within stipulated time.
In view of the submissions made by the learned counsel for the parties, without going into the merits and delay of this case, the instant Original Application stands disposed of with a direction to the applicant to file a fresh representation annexing all the relevant documents, on which he is relying upon along with a copy of this order before the respondent concerned, within a period of three weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondent concerned is directed to consider the case of the applicant and pass a reasoned and speaking order on the representation of the applicant, in accordance with law, under intimation to the applicant, within a period of three months thereafter.
No order as to costs.
Pending M.A., if any, also stands disposed of.