Central Administrative Tribunal - Madras
Kowsalya H vs Ut Of Pondicherry on 22 June, 2023
1 OA No.310/01200/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01200/2019
Dated Thursday the 22nd day of June Two Thousand Twenty Three
CORAM :
HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
H. Kowsalya
wife of Boopalan,
residing at No.6,
Seathal Street, Nainar Mandapam,
Mudaliarpet, Puducherry
Working as MTS,
Employment Exchange,
Puducherry. .... Applicant
By Advocate M/s P. Rajendran
Vs.
1. The Union Territory of Puducherry
represented by the Chief Secretary
to Government, Puducherry.
2. The Commissioner of Labour,
Government of Puducherry,
Puducherry. ... Respondents
By Advocate Ms. S. Devie
2 OA No.310/01200/2019
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA seeking the following relief:
"To direct the respondents to refrain from applying the New Pension Scheme to the Applicant but to apply the Old Pension Scheme and grant her all consequential benefits and render justice."
2. The brief facts of the case in nutshell is as follows:
The applicant was intiially appointed as a Part time Santiary Helper on 17.07.1990 and subsequently as a daily rated employee on 26.02.2002.
Thereby she was obsorbed in the services on regular basis on 27.01.2006 in the post of SanitaryAssistant and subsequently came to be appointed as MTS (General) on 21.01.2016. She was claiming her services prior to regular appointment in the Department has to be counted under the old pension scheme and the respondents are not considering her request hence she has approached this Tribunal by filing the present OA and prayed for the aforesaid relief.
3. On the other hand, learned counsel for the respondents raised the objection on the ground that she has not raised her grievance to the Department. Moreover she was just a daily rated employee and it was not against the direct recruitment. She came to be obsorbed in the services after 2004 hence her claim under old pension scheme is rejected.
4. Heard both sides. Perused the pleadings and other connected materials placed on file.
3 OA No.310/01200/2019
5. It is to be noted that the applicant who was serving since from 1990 as a Part time sanitary helper subsequently she came to be appointed as a daily rated employee in the year 2002 and she has been appointed on regular basis in the year 2006.
6. When the matter is taken up for hearing, learned counsel for the applicant submits that similar issue has been decided in OA 520/2020 vide its order dated 28.03.2023 and this Tribunal has given a direction to consider the representation submitted by the applicant keeping in mind the latest DoPT OM dt. 03.03.2023 and pass a reasoned and speaking order in accordance with law.
7. The relevant portion of the OM dated 03.03.2023 issued by DOPT reads as hereunder:
"3. Representations have been received in this Department from the Government servants appointed on or after 01.01.2004 requesting for extending the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 (now 2021) on the ground that their appointment was made against the posts/vacancies advertised/notified for recruitment prior to notification for National Pension System, referring to court judgments of various Hon'ble High Courts and Hon'ble Central Administrative Tribunals allowing such benefits to applicants.
The matter has been examined in consultation with the Department of Financial Services, Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations / references and decisions of the Courts in this regard. It has now been decided that, in all cases where the Central Government Civil employee has been appointed against a post or vacancy 4 OA No.310/01200/2019 which was advertised/ notified for recruitment/ appointment, prior to the date of notification for National Pension System i.e. 22.12.2003 and is covered under the National Pension System on joining service on or after 01.01.2004, may be given a one- time option to be covered under the CCS(Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Government servants latest by 31.08.2023."
8. Learned counsel for the applicant submits if a direction is given to the applicant to submit comprehensive representation along with the option form to the competent authority as per DOPT OM dated 03.03.2023 the purpose of filing this OA will be fulfilled.
9. In view of the above, the applicant is granted liberty to submit comprehensive representation along with the option form to the competent authority within a period of four weeks from the date of receipt of copy of this order. The respondents are directed to consider the same in accordance with DOPT OM dt. 03.03.2023 and order passed by the Hon'ble High Court of Delhi in WP (C)7619/2021 dt.21.11.2022 in the matter of Satya Dev Prajapati and Others Vs Delhi High Court and pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt of such representation.
10. OA is disposed of. No order as to costs.
(Lata Baswaraj Patne) Member (J) 22.06.2023 AS