Central Administrative Tribunal - Chandigarh
Om Swaroop vs Department Of Posts on 17 July, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.60/1625/2024
On this the 17th Day of July, 2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
OM SWAROOP, aged about 65 years, S/o Late Sh. Milkhi Ram,
R/o Village Umri-di-Vehar, P.O. Balaun, Via Choki Muniar, 174
324 Dist. UNA (HP) retired MTS, Jalandhar Dn.
.... Applicant
(By Advocate: Sh. Jaswinder Singh).
Versus
1. Union of India, through Secretary to Govt of India, Dept. of
Posts, Dak Bhawan, New Delhi-110 001.
[E: [email protected]).
2. The Chief Postmaster General, Punjab Circle, Sandesh
Bhawan, Sector 17-E, Chandigarh-160 017.
[E: [email protected]].
3. The Senior Superintendent of Post Offices, Jalandhar-
Division, Jalandhar -144 001.
[E: [email protected]]
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
KAMLA Digitally signed by KAMLA DEVI
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31,
PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor
Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e465, O=
Personal, CN=KAMLA DEVI
DEVI
Reason: I am the author of this document
Location:
Date: 2025.08.08 13:14:58+05'30'
Foxit PDF Reader Version: 2025.1.0
2
ORDER
PER: RASHMI SAXENA SAHNI, MEMBER (A)
1. The applicant is aggrieved by the impugned orders dated 12.02.2021 (Annexure A-8) and 05.12.2024 (Annexure A-
13), issued by respondent No.3 whereby the applicant's application dated 29.01.2021 (Annexure A-4) for grant of pension under the Old Pension Scheme has been rejected. As per the Old Pension Scheme (OPS for short), a Government servant is eligible for pension having put in 10 years continuous service.
2. Briefly stated, facts of the case are that the applicant was promoted as Group D vide order dated 07.04.2004 and retired on superannuation as Group D on 31.12.2020, after putting in 16.5 years of regular/continuous service.
3. New Pension Scheme (NPS for short) was introduced vide notification No.5/07/2003-ECB&PR dated 22.12.2003 for Government servant appointed on or after 1.1.2004 except for the armed forces personnel. Central Civil Service and other connected rules were accordingly amended. Consequent to the representation received by the Government from employees, where the process for recruitment initiated before 1.1.2004 but the selection process completed after 1.1.2004 or the employee joined KAMLA Digitally signed by KAMLA DEVI DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e465, O= Personal, CN=KAMLA DEVI DEVI Reason: I am the author of this document Location:
Date: 2025.08.08 13:14:58+05'30' Foxit PDF Reader Version: 2025.1.0 3 service on or after 1.1.2004 or overall appointment was delayed on account of Police verification/medical examination etc, Government issued OM dated 10.12.2020 (Annexure A-9). As per this OM those Government servants who fulfilled the conditions of OM and exercised option to switch to Old Pension Scheme under CCS (Pension) Rules, 1972, their cases were to be settled by Ministry/Departments in accordance with this OM dated 03.03.2003 (Annexure A-10). Those Central Government employees who were recruited against the post advertised/notified on or before 22.12.2003 and were covered by NPS on joining service on or after 1.1.2004 were given one time option to be covered under CCS (Pension) Rules, 1972. The option was to be exercised latest by 31.08.2023 and once option was exercised it was final.
4. Applicant submitted his application on 14.03.2023 (Annexure A-11), giving option to draw pension under CCS (Pension) Rules, 1972. According to applicant since vacancies for Group D were notified on 03.12.2003 prior to date of NPS and that the applicant had submitted willingness to join as group D vide letter dated 17.12.2003 itself, the process for recruitment was initiated through the DPC held on 29.03.2004 and his name was approved for promotion on KAMLA Digitally signed by KAMLA DEVI DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e465, O= Personal, CN=KAMLA DEVI DEVI Reason: I am the author of this document Location:
Date: 2025.08.08 13:14:58+05'30' Foxit PDF Reader Version: 2025.1.0 4 07.04.2004 and he formally joined as Group D w.e.f. 12.06.2004. Hence, contention of the applicant is that he is fully eligible for the OPS as per time line notified by the Government.
5. According to respondents in their written statement, applicant was initially appointed as MTS on seniority cum fitness basis w.e.f. 12.06.2004 against vacancy year 2002 and retired after attaining the age of superannuation on 31.12.2020. According to respondents, they have considered representation dated 29.01.2021 (Annexure A-7) in the light of OM dated 12.07.2020 (Annexure A-9) i.e. those officials whose selection for appointment was to be finalized on or before 1.1.2004, but who joined Government service on or after 01.01.204 but the case of the applicant was not found fit (Annexure A-13). Nor has applicant filed any option for consideration of his case for OPS upto 31.05.2020.
6. In view of the above discussion, we find the option to be considered under OPS was to be submitted before 31.08.2023. We find the applicant has submitted application on 14.03.2023 well before the closing date of 31.08.2023. We have also perused Annexure A-13, speaking order passed by the respondents in response to directions of this Tribunal dated 05.09.2024 and find the delay in holding KAMLA Digitally signed by KAMLA DEVI DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e465, O= Personal, CN=KAMLA DEVI DEVI Reason: I am the author of this document Location:
Date: 2025.08.08 13:14:58+05'30' Foxit PDF Reader Version: 2025.1.0 5 screening committee meeting on 29.03.2004 not prior to 22.12.2003 is entirely attributable to the administration especially when circle office letter dated 3.8.2023 has had clarified Divisional head is the appropriate authority and options exercised were to be processed by Divisional head So delay in holding screening/selection committee meeting by Jalandhar Division on 29.03.2004 cannot be held against applicant for denying him OPS benefit.
7. In the light of above discussion we find merit in the O.A. The applicant is held entitled to draw pension as per Old Pension Scheme under CCS (Pension) Rules, 1972.
Accordingly, the orders dated 12.02.2021 (Annexure A-8) and 05.12.2024 (Annexure A-13), are quashed and set aside being not in consonance with the OM dated 03.03.2023. Respondents are directed to allow the applicant to draw pension under CCS (Pension) Rules 1972 by issuing fresh PPO with all consequential benefits of arrears of pension within a period of 8 weeks from receipt of a certified copy of this order. The O.A. is allowed in the above terms. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
/kr/
KAMLA Digitally signed by KAMLA DEVI
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65=1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e465, O= Personal, CN=KAMLA DEVI DEVI Reason: I am the author of this document Location:
Date: 2025.08.08 13:14:58+05'30' Foxit PDF Reader Version: 2025.1.0