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Judgment
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:-
“(a)Declare the whole action of the respondents as illegal, unjust, arbitrary and discriminatory in not granting the benefit of Old GPF/Pension scheme, whereas all similarly placed employees have been granted the similar benefit.
(b)Direct the respondents to fix the pension and retirement benefits of the husband of the applicant w.e.f 31/12/2019 under the Old GPF/Pension scheme and grant the family pension to the applicant w.e.f the date of death of her husband i.e. w.e.f 18/11/2020, consequently the applicant may be entitled for Life time arrears of deceased employee and difference of family pension alongwith interest @ 18% p.a. w.e.f its due and till payment is made.
(c)Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
(d)Award Costs in favor of the applicant and against the respondent.”
During the course of arguments, it has come to our notice that the applicant, Ms. Shunita Devi, submitted a representation dated 03.10.2025 seeking conversion of her pension from the New Pension Scheme (NPS) to the Old Pension Scheme (OPS). It is submitted that the said representation is still pending consideration and has not been disposed of by the respondents.
Learned counsel for the applicant has further drawn our attention to paragraph 4.8 of the O.A., wherein it has been averred that the respondents have already extended the benefit of the Old GPF/Pension Scheme to certain similarly situated persons. It has been submitted that the said persons retired either before, contemporaneously with, or subsequent to the retirement of the applicant’s husband. The particulars of the persons relied upon by the applicant are as under:
| Sl. No. | Employee Code Name | |
|---|---|---|
| 01 | 20016687 | Shri Balbir Singh |
| 02 | 20017033 | Shri Dharam Pal |
| 03 | 20016940 | Shri Satbir Singh |
| 04 | 20016874 | Shri Dharamvir Singh |
Learned counsel for the applicant submits that, in view of the aforesaid instances of similarly situated employees having already been extended the benefit of the Old GPF/Pension Scheme, the applicant's case also deserves to be considered in accordance with the applicable rules and instructions.
Having regard to the submissions made, and considering that the norms governing conversion from NPS to OPS and vice versa are structured and governed by the instructions/O.Ms. issued by the DoP&T from time to time, I deem it appropriate to dispose of the present O.A. with a direction to the respondents to consider and dispose of the aforesaid representation of the applicant in accordance with the applicable rules, instructions and O.Ms., as also the applicant's claim of parity with the similarly situated persons referred to hereinabove, by passing a reasoned and speaking order.
The aforesaid exercise shall be completed, preferably within a period of six weeks from the date of receipt of a copy of this order.
The decision so taken shall be communicated to the applicant forthwith.
With the aforesaid directions, the O.A. stands disposed of at the admission stage itself. Pending M.As., if any, shall also stand disposed of accordingly. There shall be no order as to costs.