Sukanta Kumar Sahoo vs Union Of India & Ors.

PRAMOD KUMAR DAS, MEMBER (A):

This OA has been filed by the applicant under section 19 of the AT Act, 1985 praying for direction to the respondents to bring him within the scope and ambit of Railway Pension Rules instead of National Pension System, which came into effect from 01.01.2004, by quashing the order dated 10.12.2020 in which his request to the above effect was rejected by the respondents. Central Administrative Tribunal^{According to the applicant, his father while in service died on} 21.09.2002. In letter dated 22.12.2003, respondent No.5 intimated to his mother to submit the required documents for consideration of the case of the applicant for employment assistant on compassionate ground. Thereafter, all the documents were submitted and, upon consideration of which, the applicant was issued the offer of appointment dated 29.04.2005. Finally, he after being medically examined joined the Railways on 01.07.2005. In pursuance of the notification issued by the Railways, the applicant submitted option to come over to Old Pension Scheme. Since, his request was not considered, he submitted appeal, however, the request of the applicant was turned down in letter dated 10.12.2020 inter alia stating that in terms of the RBE No. 28/2020, the Govt. employees who were empanelled by Recruitment Agencies before 01.01.2004 but were finally appointed, following police verification, medical examination/any other delay on account of administrative shall be brought into the fold of the OPS based on their option whereas the applicant was appointed in Railways on 01.07.2005, i.e. after 01.01.2004, for which, he is not entitled to switch over from NPS to OPS. According to Ld. Counsel for the applicant, since respondents initiated the process for compassionate appointment and sent the letter to the mother of the applicant on 22.12.2003, i.e. much prior to NPS came into effect on 01.01.2004, the case of the applicant is squarely covered by the RBE No. 28/2020. Hence, Ld. Counsel for the applicant sincerely prayed for granting of the relief claimed in this OA.

Respondents filed counter objecting the claim of the applicant. According to Ld. Counsel for the respondents, the mother of the applicant alleging non-consideration of request for providing employment assistant on compassionate ground in favour of the applicant approached this Bench in OA No. 826/2003. On verification of record, it was found that no such application was ever received by the respondents as alleged by the mother of the applicant in OA No. 826/2003. However, in compliance of the order dated 18.11.2003 of this Bench in OA No. 826/2003, the mother of the applicant in letter dated 22.12.2003 was requested to submit application along with the required documents for consideration. Thereafter, on receipt of the application and documents, the matter was examined and, finally, offer of appointment in favour of the applicant was issued on 29.04.2005 and, after completion of the necessary formalities, he joined the Railways on 01.07.2005. Hence, since the case does not come within the purview of RBE No. 28/2020, his request to switch over to OPS was rightly rejected. Accordingly, respondents’ counsel prayed for dismissal of this OA.

We have considered the submission of the parties and perused the records. On examination of the provisions of RBE No. 28/2020, wherein it has been made clear that the Govt. employees who were empanelled by Recruitment Agencies before 01.01.2004 but were finally appointed, following police verification, medical examination/any other delay on account of administrative shall be brought into the fold of the OPS based on their option, and, the latest RBE No. 49/2026 wherein Railway Board directed to follow the OM dated 22.06.2026 issued by the DoP&T providing therein that the family member, who is eligible for being considered for appointment and have applied for compassionate appointment on or before 31.12.2003 shall be considered for OPS by the concerned Department/Ministry, it is quite evident that the date of application for compassionate appointment is crucial one to determine whether the applicant shall be governed under the OPS or shall remain under NPS. From the record, so also the counter reply of the respondents, it is not forthcoming as to when the applicant/mother of the applicant had actually applied for employment under compassionate appointment. From the letter sent to the mother of the applicant on 22.12.2003, it only comes to the fore that respondents had intimated that no application from her side, as alleged in the OA 826/2003, was received by them, and, accordingly, she was requested for submission of the application along with all the documents mentioned therein. We have also perused the earlier order of this Bench dated 18.11.2003 in OA No. 826/2003 vide which the OA was disposed of, at the admission stage, with direction to the respondents to consider the case of the applicant. Since, the respondents have only submitted that after the letter dated 22.12.2003 sent to the mother of the applicant requesting to submit application along with the required documents for consideration, on receipt of the application and documents, the matter was examined; offer of appointment was issued in favour of the applicant on 29.04.2005; and, he joined the Railways on 01.07.2005, in view of the discussions made above, the onus lies with the respondents to verify/crosscheck as to when the applicant/mother of the applicant had made application seeking appointment for compassionate ground. In the circumstances, respondents are directed to ascertain the date of application by the applicant/mother of the applicant seeking appointment on compassionate ground and, in case, it is found that such application was made before 01.01.2004, they shall take prompt action to bring the applicant to the purview of Old Pension System from National Pension System. In any case, the entire action should be completed within a period of six months from the date of receipt of a copy of this order.

With the aforesaid observation and direction, this OA stands disposed of, along with pending MAs, if any. Costs made easy.