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Judgment
ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)
Mr. Ashish Srivastava, learned counsel for the applicant and Mr. Ajay Kumar Rai, learned counsel for the respondents, are present and heard.
The instant Original Application has been filed seeking the following reliefs: -
“(i)This Hon'ble Tribunal may be pleased to quash the impugned orders dated 13.01.2023 passed by the respondent No.2 (Annexure no. A-1 to this Original Application with compilation No. I).
(ii)This Hon'ble court may be pleased to direct the respondents to declare the applicant covered under statutory pension scheme under Railway Services (Pension) Rules, 1993/Old Pension Scheme.
(iii)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.
(iv)Award the costs of the original application in favour of the applicant.”
The brief facts of the case are that the husband of the applicant, while working under respondent No. 3, died in harness on 10.01.2003. Thereafter, the applicant submitted an application dated 24.06.2003 seeking compassionate appointment, along with the requisite documents. Her request was found bona fide and was forwarded for approval, whereafter a Committee of three members was constituted on 18.08.2003 to consider her suitability for appointment as Junior Clerk. The applicant appeared in the written examination held on 20.10.2003 and was declared successful. Although her interview was initially fixed for 15.12.2003, the same was postponed and was subsequently fixed for 20.12.2003; however, the interview could not be held on that date and was again postponed and ultimately conducted on 03.01.2004. The applicant was thereafter declared successful and was selected for appointment to the post of Junior Clerk, and she was ultimately appointed on 25.05.2004. Since her appointment was made after 01.01.2004, she was covered under the New Pension Scheme (NPS). Subsequently, the applicant submitted a representation dated 11.01.2022 seeking coverage under the Old Pension Scheme, followed by an appeal dated 07.04.2022 and a further representation dated 05.07.2022, relying upon the applicable instructions and judicial pronouncements concerning cases where the selection process had commenced prior to 01.01.2004 but the appointment was made thereafter. The respondents, however, rejected her claim vide the impugned order dated 13.01.2023, leading to the filing of the present Original Application.
Learned counsel for the applicant submitted that the applicant has challenged the impugned order dated 13.01.2023, whereby her request for coverage under the Old Pension Scheme/GPF, instead of the New Pension Scheme, has been rejected by the respondents, relying upon Railway Board RBE No. 28/2022 dated 03.03.2020 and the instructions issued by the Department of Personnel & Training. He submitted that the applicant had applied for compassionate appointment on 24.06.2003, i.e. prior to 01.01.2004, had successfully undergone the written examination on 20.10.2003, and was ultimately appointed on 25.05.2004 after the interview was conducted on 03.01.2004. Learned counsel further submitted that subsequent to the aforesaid instructions, the Department of Pension & Pensioners’ Welfare issued instructions dated 22.06.2026, which have subsequently been adopted by the Railway Board vide RBE No. 49/2026 dated 24.06.2026, providing for consideration of cases where the application for compassionate appointment had been made on or before 31.12.2003 but the appointment was made after 01.01.2004, for coverage under the Old Pension Scheme, subject to fulfillment of the prescribed conditions. He, therefore, submitted that the applicant’s case deserves to be reconsidered by the competent authority in the light of the aforesaid subsequent instructions. The communications dated 22.06.2026 and 24.06.2026 have been taken on record.
At this stage, learned counsel for the applicant submits that the applicant would be satisfied if a direction is issued to the competent authority amongst the respondents to reconsider and decide the applicant’s claim for coverage under the Old Pension Scheme/GPF in the light of the subsequent instructions dated 22.06.2026 issued by the Department of Pension & Pensioners’ Welfare and the Railway Board RBE No. 49/2026 dated 24.06.2026, by passing a reasoned and speaking order within a stipulated period.
Learned counsel for the respondents has no objection if the matter is remitted to the competent authority for Central Administrative Tribunalreconsideration of the applicant’s claim in the light of the aforesaid subsequent instructions.
In view of the submissions made by learned counsel for both the parties, and without expressing any opinion on the merits of the case, we are of the opinion that the present Original Application is disposed of by remitting the matter to the competent authority amongst the respondents to reconsider and decide the grievance of the applicant in the light of the subsequent instructions dated 22.06.2026 issued by the Department of Pension & Pensioners’ Welfare and the Railway Board RBE No. 49/2026 dated 24.06.2026, by passing a reasoned and speaking order, in accordance with law, within a period of two months from the date of receipt of a copy of this order. While reconsidering the claim, the competent authority shall take into consideration that the applicant had applied for compassionate appointment on 24.06.2003.
Accordingly, the Original Application stands disposed of. No order as to costs.
All pending Miscellaneous Applications, if any, also stand disposed of.