Central Administrative Tribunal - Mumbai
Dr Mrs Megha Harshwardhan Tikle vs M/O Labour on 18 December, 2025
1 OA.306/2019
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI.
O.A.306/2019
Dated this Thursday the 18th day of December, 2025
Coram: Hon'ble Mr.Shri Krishna, Member (Administrative)
Hon'ble Mr.Umesh Gajankush, Member (Judicial).
Dr.(Mrs.) Megha Harshwardhan Tikle,
Aged about 47 years,
Specialist-Grade I, ESIC Model Hospital,
Andheri, Mumbai. Presently residing at:
102, Trister 'C' Wing, Shrushti Complex,
Opp. L&T Gate No.7, Saki Vihar Road,
Powai, Mumbai - 400 072. .. Applicant.
( By Advocate Mr.Ulhas Shinde ).
Versus
1. The Union of India, through
The Secretary, Ministry of Labour and Employment,
Govt. of India, Shram Shakti Bhawan,
Rafi Marg, New Delhi - 110 001.
Digitally signed by Hemant Anant Mahabal
2. The Director General,
Hemant Anant
DN: C=IN, O=Personal, T=3273, OID.2.5.4.65=
ESI Corporation,
cd2ae49d8bf44fb5ab2d290f61a2b198, Phone=
0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121,
PostalCode=400602, S=Maharashtra, SERIALNUMBER=
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN=
Hemant Anant Mahabal
Mahabal Reason: I am the author of this document
Location:
Date: 2026.01.02 15:57:55+05'30'
Foxit PDF Reader Version: 2024.4.0
Employees' State Insurance Corporation,
Panchdeep Bhawan, C.I.G. Marg,
New Delhi - 110 002.
2 OA.306/2019
3. The Medical Superintendent,
ESI Model Hospital, MIDC,
Andheri (E), Mumbai - 400 093.
4. The Commissioner,
Office of the Commissioner
(Government of Maharashtra)
ESI Scheme, Panchdeep Bhavan,
6th Floor, N.M. Joshi Marg,
Lower Parel, Mumbai - 400 013. ..Respondents.
( By Advocate Ms.Naveena Kumai ).
Order Reserved On : 08.09.2025
Order Pronounced On : 18.12.2025.
ORDER
Per: Umesh Gajankush, Member (J)
The present O.A. has been filed by the applicant seeking the following reliefs:
"a. The applicant therefore prays that this Honorable Tribunal be pleased to call for the records of the case from the Respondent and after examining the same quash and set aside the impugned order dated 7.6.2018 as far as it pertains to not considering her in Old Pension Scheme (Annexure A-1).Digitally signed by Hemant Anant Mahabal
Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document b. To direct the Respondents to extend the benefits of Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 CCS (Pension) Rules, 1972 to the applicant notwithstanding the fact that she joined the appointment on 1.3.2004.3 OA.306/2019
c. That the deducted amount from Applicant's salary from September 2018 may please be direct the Respondent deposit in her PF Account.
d. the applicant's past service given in the ESIS, State Govt. for the period from 1st March 2004 to 6th November 2009 before joining this corporation shall be counted as qualifying service for the purpose of pension in this Corporation.
e. That this Honorable Tribunal be pleased to pass such further order or orders as it may deem appropriate in the fact of the case.
f. That the costs of this Application be provided for."
2. Brief facts of the case are that on 27.11.2012 the examination for the post of Anaesthesia has been conducted by the Maharashtra Public Service Commission (for short MPSC) and the name of the applicant has been recommended to the Public Health Department, Government of Maharashtra, Mumbai. Thereafter, she was appointed in the office of ESIS Gr,2 in the pay scale of Rs.8000-13500 vide appointment order dated 17.10.2003. Further, vide letter dated 22.10.2003 the applicant has been deputed in the office of Employees State Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Insurance Scheme (ESIS), Andheri, Mumbai for the post of Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Resident Anaesthesia Gr.A by the office of Commissioner, 4 OA.306/2019 Government of Maharashtra, ESI Scheme, Mumbai on probation for a period of 2 years.
2.1. It is stated that at the relevant point of time she was pregnant, therefore, she requested to the Medical Superintendent, ESI Scheme, Andheri, Mumbai to extend the period of joining for 3 months and vide letter dated 07.11.2003 requested for sanction of her joining period, which has been sanctioned by the Public Health Department, Government of Maharashtra vide letter dated 16.01.2004 for extending the said period for further 3 months.
2.2. It is further stated that the applicant joined in the Office of Medical Superintendent, ESIS, Andheri, Mumbai on 01.03.2004.
Her probation period was over on 16.06.2006 and her service has been regularized with effect from 17.06.2006.
2.3. On 25.04.2008, an Advertisement was issued in 'Times of India' for the post of Specialist Anaesthesia, ESIC, Model Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= Hospital, Maharashtra. Therefore, the applicant requested the 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Medical Superintendent for issuance of no objection certificate vide letter dated 28.04.2008, which was issued vide letter dated 5 OA.306/2019 20.05.2008. Thereafter, a provisional select list was issued by the Joint Director (Rectt.), ESIC, New Delhi vide letter dated 31.08.2009 and applicant was given offer of appointment by the Headquarters Office ESIC, New Delhi vide letter dated 09.10.2004 for the post of Specialist Gr.II (Junior Scale) Anaesthesia. Thereafter, vide relieving order dated 06.11.2009 issued by the Dy. Director (Admn.), ESI Scheme, Mumbai for joining ESIC, in pursuance of which the applicant has submitted technical resignation dated 06.11.2009 from the services of ESI Scheme and joined on new post from 07.11.2009 without break in service.
2.4. It is submitted that in the year 2008, the hospital where the applicant was working was handed over to ESIC in April, 2008 and employees of the hospital were on deputation to ESIC. Vide letter dated 02.07.2010 the Office of Employees Provident Fund, New Delhi has informed the applicant to make correspondence Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= on newly Provident Fund Number supplied by the Corporation 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 for further correspondence. It is stated that the applicant has started making representation to the Medical Commissioner, ESIC, New Delhi through proper channel vide letter dated 6 OA.306/2019 18.02.2011, 12.10.2011, 30.09.2014 and 14.08.2017 stating that while working on deputation she applied for the post of Specialist through proper channel and got selected in ESIC.
2.5. It is further submitted that there was no break in service.
Further, the applicant has exercised the option within a stipulated period of six months from joining service, when she was a part of Maharashtra State Service and Maharashtra New pension Scheme was came into force on November 1, 2005 and she had joined in March, 2004. Her GPF A/c from Maharashtra were transferred to new account at New Delhi and since her earlier appointment in the State Government as well as Central Government was pensionable, therefore, the applicant must be given the Old Pension Scheme.
2.6. It is further submitted that the Dy. Director, ESIC, New Delhi issued letter dated 20.11.2015 to the Medical Superintendent, Employees State Insurance Hospital, Andheri, Mumbai stating that "the person who is working in the earlier Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Department/Government and letter on appointment in these Corporation and if there is proportionate pensionary benefits are 7 OA.306/2019 likely to be given then those persons can be including in the CCS (Pension) Rules".
2.7. It is stated that so far last 13 years her GPF were continued and she must be retained in the Old Pension Scheme. However, the applicant received reply dated 07.06.2018 for not counting her past service given as Resident Anaesthetist in ESIS, Andheri, Mumbai, Government of Maharashtra and not including / counting in the Old Pension Scheme and instead directed the applicant to exercise option of New Pension Scheme.
Therefore, the present O.A. has been submitted.
2.8. It is submitted that as per DOPT OM No.28016/5/85- Estt.(C) dated 31.01.1986, Para 4(i) and 4(ii) the applicant is entitled for pro-rata monthly pension and death-cum-retirement gratuity. The applicant further submits that since she had exercised the option within the prescribed time limit, therefore, she is entitled for the Old Pension Scheme as governed by the CCS (Pension) Rules, 1972.
Digitally signed by Hemant Anant MahabalHemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 2.9. It is further submitted that her GPF amount has been deducted from her salary account, but the same is/was arbitrarily 8 OA.306/2019 not deposited in my PF Account for the reason best known to respondents only. It is submitted that some of her colleague i.e. Dr.Tejal Kantharia, Ex.Medical Officer, Gr. A and Dr.(Mrs.) Sandhya Gujar, Ex.Employee of Thane Municipal Corporation has been absorbed in Old Pension Scheme by the respondents vide their letter dated 07.09.2010 and 11.08.2017 by way of counting their past services by the Director General, ESIC, New Delhi for combined pensionary benefits in ESIC, whereas the applicant's case is considered by the respondents with negative perspective and, therefore, discriminated applicant violated constitutional provisions under Article 14 and 16 of the Constitution.
2.10. It is further submitted that her selection from 27.03.2001 has been taken place, she got offer of appointment on 17.10.2003, she joined in March, 2004 after the cut of date of the Central Government i.e. 01.01.2004. However, Old Pension Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= Scheme was in force in Maharashtra State when she joined as 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 confirmed by the RTI query from Maharashtra Government vide their letter dated 02.05.2016. In that they have also stated that the applicant while working in the Maharashtra Government she 9 OA.306/2019 was getting the benefits of Old Pension Scheme. Moreover, Establishment Department has been asked to transfer her other benefits.
2.11. It is further submitted that all rules were followed while applying for the post of Resident Anaesthesiologist Specialist and thereafter she made application to Corporation through proper channel for the post of Anaesthesiologist Specialist and after her selection, she was relieved from her post on 06.11.2009. Therefore, the applicant is entitled for the benefits of Old Pension Scheme.
3. After notice, the official respondents have filed their reply and contested the O.A. 3.1. It is stated that the O.A. is barred by limitation. The applicant in making order dated 07.06.2018 as the impugned order has indulged in suppression of facts to claim the relief as within limitation. The order dated 25.10.2010 clearly states that Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= applicant's past service rendered with ESI Scheme, Government 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 of Maharashtra cannot be counted, for pensionary benefits, as she joined service of Maharashtra Government on 01.03.2004 10 OA.306/2019 i.e. after implementation of New Pension Scheme. Even in representation dated 30.09.2014 she has requested for Old Pension Scheme. It is well settled principle of law that repeated representations do not extend the period of limitation. The O.A. filed on 14.03.2019 is heavily barred by limitation. 3.2. It is further stated that as per provisions contained in Section 17(2)(a) in The Employees' State Insurance Act, 1948 (2)(a) "The method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the Corporation shall be such as may be specified in the regulations made by the Corporation in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay:
Provided that where the Corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respects of any of the matters aforesaid, it shall obtain the prior Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= approval of the Central Government". In light of the above 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 provisions the pension matters of ESIC employees are to be regulated in accordance with provisions of CCC (Pension) Rules, 1972. It is also a known fact that CCS Service Conditions that 11 OA.306/2019 any Government employee (equally applicable in case of ESIC employee) who joined the service on or after 01.01.2004 is to be governed under contributory pension scheme named as National Pension Scheme (NPS).
3.3. It is submitted that despite being covered under the provisions of CCS Service conditions in terms of Section 17(2) of ESI Act, the registration of ESIC under NPS took time for years together and was finally accepted by PFRDA in May, 2010.
Headquarters ESIC Memorandum No.A.40/11/1/99-E-III dated 03.05.2010 regarding allotment of code No. to different units (including ESIC Hospital, Andheri mentioned at Sr.10) and asking the field units to get registered under NPS System. In this connection, Headquarters ESIC Circular No.A-40/11/1/99/E-III dated 23.06.2011 directing the field units to upload legacy/arrear and regular contribution as per procedure is placed to prove delayed implementation of NPS system in ESIC but with Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= retrospective effect.
44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 3.4. It is submitted that the formalities for registration of ESIC and allotment of registration No.3002591 by National Security 12 OA.306/2019 Depository Ltd. (NSDL) finally got finished in August, 2010.
During the period intervening between 01.01.2004 and actual implementation of NPS, there were so many doubts and uncertainties in dealing with cases related to counting of past service. Therefore, GPF numbers were allotted provisionally to few under serving cases including that of the petitioner. On the contrary, there were certain other type of cases too which were required to be placed under Old Pension Scheme but were placed under NPS. Therefore, it was decided to initially place such doubtful cases under Old Pension Scheme on provisional basis till final decision as per merits of cases is taken individually.
It was a logical decision in the interest of the organization under prevalent circumstances because the process to get the erroneous subscription deposited in NPS System was not clearly laid down. In light of uncertain circumstances prevalent before streamlining of NPS system, her placement under NPS on provisional basis or even inadvertently, does not create a Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document substantive right for her continuance under GPF system / Old Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Pension system.13 OA.306/2019
3.5. It is further stated that the applicant repeatedly represented for her placement under Old Pension Scheme. She was aware of the fact that her representation on the matter was rejected as per Hqrs. ESIC UO No.A-40/12/806/10/E-III dated 25.10.2010.
Taking the advantage of uncertainty / lack of clarity on the matter, she somehow managed to get her GPF balance under Government of Maharashtra transferred to the provisional GPF account opened in ESIC. Importantly, an error on the part of dealing official or decision to open her provisional GPF account under prevalent circumstances does not confer any right for her continuance in Old Pension Scheme in violation of rules.
3.6. It is further submitted that before joining the organization, she unconditionally accepted the offer of appointment dated 09.10.2009 issued by Hqrs ESIC under File A-
12/13/16/Maharashtra/Med-IV/Spl. Recrt dated 09.10.2009.
Clause 3(f) of the above mentioned Memorandum dated Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 09.10.2009 clearly stated that she will be governed by the 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Government of India's New Contributory Pension Scheme effective from 01.01.2004 as implemented in ESIC. Despite repeated requests she has not filled in the subscriber form 14 OA.306/2019 required for allotment of Permanent Retirement Account Number under NPS to enable ESIC to deposit her NPS subscription as per procedure.
3.7. In spite of letter dated 20.11.2015 issued by the Hqrs ESIC, it is stated that the letter is written in Hindi and is addressed to Medical Superintendent, ESIC Hospital, Andheri in response to representation of the petitioner to place her under Old Pension Scheme. It has clearly been mentioned in the ibid letter that the subject representation of the applicant already stands rejected vide HQrs ESIC UO No.A-40/12/806/10/E-III dated 25.10.2010.
It has also been stated in the letter that all the employees recruited in ESIC after 01.01.2004 through open recruitment are governed under NPS. Further it has been stated that employees who joined Government service prior to 01.01.2004 and subsequently joining ESIC after acceptance of technical resignation, are placed under Old Pension Scheme subject to the Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= condition that their previous department pays lump-sum 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 proportionate pensionary liability to ESIC as per provision of CCS (Pension) Rules. In last para of the letter it has been added that her subject representation has been decided correctly as per 15 OA.306/2019 prevailing rules. It has been stated that the rules quoted in her representation in support of her claim do not apply in her claim being the rules effective prior to implementation of NPS. Finally, she was requested to share correct rule provision, if any available as per her knowledge, to support her claim. Eventually, she could not quote any rule provision supporting her claim. 3.8. It is further stated that contents of DoPT OM No.28016/15/85-Estt.(c) dated 31.01.1986 are self-explanatory.
It appears incorrect interpretation of the applicant to find provisions of para 4(i) and (ii) of the OM in her favour. The OM regulates the subject "Appointment of Central Government servants in the Central Public Enterprises on immediate absorption basis terms and conditions thereof". The applicant was a State Government employee under Government of Maharashtra and not a Central Government employee. Further, ESIC is not a Central Public Enterprise but a statutory body Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= established under the ESI Act' 1948. Even if the provisions of 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 the OM in question are considered as applicable in the case, it is submitted that the provisions were issued on 30.01.1986 i.e. the period when National Pension System (NPS) was not even in 16 OA.306/2019 existence. At that point of time every Government employee was covered under Old Pension Scheme.
3.9. It is further stated that the provisions for counting of past service after implementation of NPS stands amended to the extent that in lieu of Pension element same PRAN account having accumulations formed with employer and employee subscription is carried forward from one organization to another along with benefit of pay protection, if otherwise admissible. As regards another element of retirement benefits i.e. gratuity to be considered in process of counting of past service, attention is invited to DoP&PW OM No.7/5/2012-P&PQ(F)/B dated 26.08.2016. Under this OM, Government of India has added gratuity as retirement benefits for employees covered under NPS. Therefore, for employees covered under NPS proportionate gratuity is also discharged by parent department of Government employee to the new department in accordance Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= with qualifying service of an employee, as proportionate 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 pensioners liability.17 OA.306/2019
3.10. In respect of the records produced by the applicant of two other medical officers namely Dr.Tejal Sanjay Kantharia and Dr.Sandhya Gurjar is concerned, they joined their respective departments on 30.09.2001 and 10.05.1994 respectively. Since both the above mentioned individuals joined their previous departments prior to 01.01.2004 and were covered under Old Pension Scheme, obviously their option to retain Old Pension Scheme is admissible, whereas the same is not applicable in case of the applicant as she joined her parent department after 01.01.2004 for her own reasons.
Therefore, on the basis of reply, official respondents have prayed for dismissal of the O.A.
4. Thereafter, rejoinder was filed by the applicant reiterating and explaining her stand. Along with rejoinder, the applicant has placed on record OM dated 17.02.2020 on the subject of coverage under Central Civil Service (Pension) Rules, 1972, in place of National Pension Scheme, of those Central Government Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 employees whose selection for appointment was finalized before 18 OA.306/2019 01.01.2004, but who joined Government service on or after 01.01.2004.
5. We have heard Shri Ulhas Shinde, learned counsel for the applicant and Ms.Naveena Kumai, learned counsel for the respondents.
5.1. Shri Shinde, learned counsel for the applicant vehemently argued that on the basis of examination conducted by MPSC for the post of Anaesthesia in the year 2000, selection of the applicant was made on 27.03.2001, thereafter, appointment order was issued on 17.10.2003 and applicant was deputed vide letter dated 22.10.2003 in the office of Employees State Insurance Scheme, Andheri, Mumbai for the post of Resident Anaesthetist, Grade A. However, due to pregnancy at the relevant point of time she sought extension from the Competent Authority to join the service which was granted. However, she joined the service on 01.03.2004. Her probation was over on 16.06.2006 and her services were regularized with effect from Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0
17.06.2006.
19 OA.306/20195.2. It is submitted that in pursuance of the advertisement issued by the ESIC on 25.04.2008 for the post of Specialist Anaesthetist in ESIC, Model Hospital, Maharashtra, after no dues certificate and applied through proper channel, applicant was selected and appointed in the Corporation by letter dated 09.10.2009 for the post of Specialist Gr.II (Junior Scale) Anaesthetist. Further, after relieving order from the ESIS (State Service), she has submitted technical resignation on 06.11.2009 and joined the service in the year ESIC on 07.11.2009. It is contended that there is no break in service.
5.3. It is further contended that in the State of Maharashtra, New Pension Scheme came into force on 01.11.2005, whereas the applicant joined in the Corporation in March, 2004. Her G.P. Fund were also transferred from the account of Maharashtra to the new account again. Since her earlier appointment under the State Government as well as Central Government was Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= pensionable and, therefore, the applicant is entitled to be 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 covered in the Old Pension Scheme. However, in pursuance of representation submitted by the applicant for counting her past service of the State of Maharashtra and prayer for extending the 20 OA.306/2019 benefit of CCS (Pension) Rules, 1972 (Old Pension Scheme) has been rejected by the impugned communication on the ground that she has joined in the service with effect from 01.03.2004, further, thereafter appointed in the service of the ESI Corporation on 07.11.2009 and, therefore, she cannot be covered under the Old Pension Scheme. It is contended that the impugned action of the respondents is arbitrary, illegal and in violation of the OM issued by the Department of Personnel & Training on the subject.
5.4. During course of arguments, learned counsel has placed reliance on the OM dated 17.02.2020 (Annex-A-24) and OM dated 11.06.2020 and OM dated 02.10.2022. Therefore, it is submitted that the O.A. may be allowed.
6. Per contra, Ms.Naveena Kumai, learned counsel for the respondents on the basis of reply vehemently argued that from the facts on record, it cannot be disputed that the applicant joined the services in ESIC (in the State of Maharashtra) on Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 01.03.2004, whereas the New Pension Scheme came into effect from 01.01.2004. Under these circumstances, the claim of the 21 OA.306/2019 applicant in respect of Old Pension Scheme is not tenable. It is further submitted that in pursuance of the advertisement issued by the ESI Corporation in the year 2008, applicant was appointed as a direct recruitee and the condition of appointment order clearly records that her services are covered under the New Pension Scheme.
6.1. It is further submitted that the parity claimed by the applicant with Dr.Tejal Kantharia and Dr.(Mrs.) Sandhya Gurjar is also not proper as in reply it was specifically stated that those employees have joined their services in the Department in the year 2001 and 1994 respectively, meaning thereby prior to 01.01.2004 and, therefore, no similar benefit can be extended to the applicant.
6.2. It is further submitted that in fact the claim made by the applicant is hopelessly barred by limitation and merely by making repeated representations on the subject of impugned communication dated 07.08.2018 delay cannot be condoned.
Digitally signed by Hemant Anant MahabalHemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Therefore, it is submitted that the O.A. is liable to be dismissed. 22 OA.306/2019
7. After hearing learned counsel for the parties and after perusal of the record, it is not in dispute that the applicant participated through MPSC for the post of Anaesthetist in the examination held in the year 2000 and was appointed in the year 2003 in the said service i.e. ESI Scheme. It is also not in dispute that she has participated in the direct recruitment on the basis of Specialist (Junior Scale), ESIC, Model Hospital, in pursuance of advertisement dated 25.04.2008. It is also not in dispute that while applying to the post in the ESI Corporation due process of no objection certificate and technical resignation from the Department of State Service was followed by the applicant. It is also not in dispute that New Pension Scheme came into effect from 01.01.2004 and her appointment in the State Service was after 01.01.2004 i.e. 01.03.2004. However, there is uncertainty and lack of clarity in respect of applicability / coverage under the Old Pension Scheme and New Pension Scheme in respect of serving employees of the State Government, Central Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Government and Autonomous Bodies and counting their service Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 was under consideration before DoP&PW, Government of India for quite some time. In fact the official respondents in their reply 23 OA.306/2019 accepted the aforesaid position by stating in their reply, Para 4.11 (relevant part, page 83 of OA) as under:-
"During the period intervening between 01.01.2004 and actual implementation of NPS, there were so many doubts & uncertainties in dealing with cases related to counting of past service. Therefore, GPF numbers were allotted provisionally to few under serving cases including that of the petitioner. On the contrary there were certain other type of cases too which were required to be placed under old pension system but were placed under NPS. Therefore, it was decided to initially place such doubtful cases under old pension scheme on provisional basis till final decision as per merits of cases is taken individually. In this regard copy of HQrs ESIC Circular No.A- 40/NPS/A/c-IV/2011 dated 16.04.2012 is placed as Exhibit R-6. It was a logical decision in the interest of the organization under prevalent circumstances because the process to get the erroneous subscription deposited in NPS system was not clearly laid down."
8. Now at this stage it is relevant here to reproduce relevant para of OM dated 17.02.2020 (Annex-A-24):-
"3. From the representations of the Government employees and the references received from Ministries/Departments. It has been observed that in many of the cases referred to this Department, selection process (including written examination, interview and declaration of result) for recruitment had been completed before Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 01.01.2004 but the employee joined the Government service on or after 01.01.2004. A few illustrations where 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:24 OA.306/2019
(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc;
(ii) Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointment to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/CAT cases.
(iii) Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/Organization. While recruitment process was completed by some Department(s) / Organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments / Organization were issued on or after 01.01.2004.
(iv) Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
(v) Offers of appointment were issued to selected candidates before 01.01.2004, and many/most candidates joined service before 01.01.2004. However, some candidate(s) were allowed extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
(vi) The result for recruitment was declared before Hemant Anant Digitally signed by Hemant Anant Mahabal DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.25 OA.306/2019
In all the above illustrative cases, since the result for recruitment was declared before 01.01.2004, denial of the benefit of pension under CCS (Pension) Rules, 1972 to the affected Government servants is not considered justified.
4. The matter has been examined in consultation with the 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 been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.203 against vacancies occurring before 01.01.2004 and are 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. This option may be exercised by the concerned Government servants latest by 31.05.2020.
5. Those Government servants who are eligible to exercise option in accordance with para 4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension System.
6. The option once exercised shall be final."
9. Further, DoPT OM dated 11.06.2020 provided as under:
"No. 28/30/2004-P&PW (B) Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Government of India Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 Ministry of Personnel, Public Grievances and Pension Department of Pension and Pensioners' Welfare Lok Nayak Bhavan, Khan Market 26 OA.306/2019 New Delhi, Dated the 11th June, 2020 OFFICE MEMORANDUM Subject: - Mobility of personnel amongst Central /State & Autonomous Bodies while working under Pensionable establishments - regarding.
The undersigned is directed to say that the New Pension Scheme (now called as National Pension System) was introduced vide Department of Economic Affairs' notification No.5/7/2003-ECB.PR dated 22.12.2003. It was provided that NPS would be mandatory for all new recruits to the Central Government service from 1st of January 2004 except the Armed Forces.
2. In this Department's O.M. of even number dated 26.7.2005, it was provided that all employees who joined Central Government service or in the service of an autonomous body set up by the Central Government before 1.1.2004 and who were governed by old pension scheme under the Central Civil Service (Pension) Rules, 1972 will continue to be governed by the same pension scheme / rules and will count their past service if they take up new appointment in another Ministry / Department of the Central Government or a Central Autonomous Body covered by the CCS (Pension) Rules on or after 1.1.2004, subject to their satisfying the conditions laid down in Para 4 of DP&AR's O.M. No.28/10/1984-PU dated 29.8.1984.
3. Subsequently, vide this Department's O.M. of even number dated 28.10.2009, the benefit of counting of past service under the CCS(Pension) Rules, 1972 was extended to those employees who were initially appointed Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document before 1.1.2004 in (i) Central Government Departments Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 covered under Railway Pension Rules or other similar non- contributing pensionable establishments of Central Government covered by old Pension Scheme /rules other than CCS(Pension) Rules, 1972 OR, (ii) State Government 27 OA.306/2019 covered under old pension scheme similar to CCS(Pension) Rules, OR (iii) Central / State Autonomous Body covered by the old pension scheme and who resigned to join a Central Government Department / Office or a Central Autonomous Body having pensionable establishment.
4. Representations have been received in this Department from employees who joined under NPS in Central Government / Central Autonomous Bodies after 1.1.2004 but before 28.10.2009, after technical resignation from a pensionable establishment of a Central Government Department, State Government or Central / State Autonomous Body and who were denied the benefit of counting of past service in the old pension scheme in the Central Government.
5. The matter has been examined in consultation with Department of Personnel and Training and Department of Expenditure. It has been decided that those employees who joined Central Government / Central Autonomous body under NPS during 1.1.2004 to 28.10.2009 after submitting technical resignation from Central Govt. / Central Autonomous Body or a State Government / State Autonomous Body and who fulfill the conditions for counting of past service in terms of this Department's O.M. dated 28.10.2009, may be given an option for induction in old pension scheme and to get their past service rendered in the Central / State Government or Central / State Autonomous Body counted for the purpose of pensionary benefits on their final retirement from the Central Government / Central Autonomous Body, subject to fulfillment of all other conditions of counting of such past service in terms of DPAR's O.M. dated 29.8.1984 read with Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document this Department's O.M. dated 7.2.1986 as amended from Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 time to time.
6. Such option may be exercised within 3 months of issue of this O.M. Such employees who are appointed under 28 OA.306/2019 NPS during 1.1.2004 to 28.10.2009 and are eligible to exercise option in terms of para 5 above but do not exercise the option within the stipulated period will continue to be covered by the provisions of National Pension System. Those employees who joined during 1.1.2004 to 28.10.2009 and have already been given the benefit of CCS(Pension) Rules in terms of O.M. dated 28.10.2009, will continue to be governed by those rules.
7. Those employees who exercise option for counting of past service in accordance with the above provisions may be allowed to avail the benefit under CCS (Pension) Rules, 1972. The capitalized value of pension and gratuity for the past service in the Central / State Autonomous Body will be deposited by that Body to the Central Government / Central Autonomous Body in accordance with the instructions contained in the O.M. No. 28/10/84- Pension Unit dated 29.8.1984. In case the employee concerned has received the pensionary benefits from the Central Government Departments, State Government, Central / State Autonomous Body, etc., he would be required to deposit the amount of such pensionary benefits (along with interest to be calculated in accordance with this Department's O.M. No. 38/34/2001-P&PW(F) dated 29-07-2002) with the Central Government Department /Central Autonomous Body in which he has joined, to enable counting of past service. The employee's share in the accumulated wealth of National Pension System with interest / returns accrued thereon under the NPS, would be deposited in the GPF account of the employee. The employer's share along with interest / returns accrued thereon under the NPS would be deposited in the account of Central Government / Central Autonomous Body in accordance with modalities provided in para 9 of this OM.
Digitally signed by Hemant Anant MahabalHemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
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8. In some cases, due to non-availability of benefit of counting of past services under the old pension system during 01.01.2004 to 28.10.2009, the employees of State Government/ State Autonomous bodies etc. may have 29 OA.306/2019 been compelled to take voluntary retirement before joining pensionable Central Government Department/ Central Autonomous bodies after 01.01.2004 but before 28.10.2009. It has been decided that 'voluntary retirement' of such employees may be treated as 'technical resignation' and the benefit of provisions of para 5 to para 7 above may also be extended to them subject to fulfillment of all other conditions for counting of service. 8.1 The forwarding the application through proper channel for the post they had joined after getting voluntary retirement is a pre- requisite for considering it as technical resignation.
8.2 The provisions of this O.M. is mandatory in all such cases.
9. The modalities of accounting of the NPS accumulation would be as under:
S.No. Issues Adjustment process
1 Adjustment of Amount may be credited to the individual's
employee's GPF account and the account may be recasted
contribution to NPS permitting up to date interest. (FR 16 & Rule 11 of GPF Rules) 2 Adjustment of To be accounted for as (-) Debit to Object Head Government "70-Deduct Recoveries" under Major Head "
contribution to NPS 2071-Pension and other Retirement Benefits"
and Minor Head " 911 - Deduct Recoveries of overpayments" (GAR 35 AND Para 3.10 of LMMH and Para 5.1.3(iii) of Civil Accounts Manual refers) Adjustment of May be accounted for by crediting the amount increased value of to Government Account under Major Head subscription in "0071- Contribution & Recoveries towards Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document NPS on account of Pension & other Retirement Benefits" and Location:
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investment (Note under above Major Head in LMMH) 30 OA.306/2019
10. All Ministries / Departments are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached, Subordinate Offices and Autonomous bodies under them.
11. This issues in consultation with of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 25(6)/EV/2017 Dated 06.01.2020 and in consultation with Controller General of Accounts vide their I.D. Note No. 1(7)(2)/2010/c/a/TA/860 dated 18.08.2017.
12. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution.
13. Hindi version will follow.
(Ruchir Mittal) Deputy Secretary to the Government of India To,
1. All Central Government Ministries / Departments.
2. Chief Secretaries of all State Governments/UTs.
3. Accountant Generals in the States and UTs.
4. Department of Expenditure, Ministry of Finance, North Block, New Delhi.
5. C&AG, Bahadur Shah Zafar Marg, New Delhi.
6. Ministry of Railways, Railway Board, New Delhi.
7. Department of Financial Services, Jeevan Deep Building, Parliament Street, New Delhi.
8. CGA, Department of Expenditure, INA, New Delhi.
9. AD(OL) for Hindi version.
10. NIC for posting on the website of this Department"Digitally signed by Hemant Anant Mahabal
Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document
10. Further, DoPT OM dated 02.10.2022 provided as under:-
Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 "No. 28/90/2022-P&PW (B)/8297 Government of India Ministry of Personnel, Public Grievances and Pension 31 OA.306/2019 Department of Pension and Pensioners' Welfare 3rd Floor, Lok Nayak Bhavan, Khan Market New Delhi, Dated the 2nd October, 2022 OFFICE MEMORANDUM Subject: - Counting of service rendered in an autonomous body under the Central Government or a State Government as qualifying service for pension and gratuity under the Central Civil Services (Pension) Rules, 2021.
The undersigned is directed to say that Department of Pension and Pensioner's Welfare has notified the Central Civil Services (Pension) Rules, 2021 in supersession of the Central Civil Service (Pension) Rules, 1972. In accordance with Rule 14 of the Central Civil Services (Pension) Rules, 2021, if an employee of an auto0nomous body under the Central Government or a State Government having a non-contributory pension scheme similar to CCS (Pension) Rules, 2021, who was initially appointed in that autonomous body, on or before 31st December, 2003, is subsequently appointed with proper permission to a service or post in the Central Government to which the CCS (Pension) Rules, 2021 are applicable, the service rendered under the said autonomous body shall qualify for pension and gratuity from the Central Government. Counting of such service shall, however, be subject to the following conditions:
(i) The appointment of the Government servant in an officiating or temporary capacity in the Central Government is followed without interruption by substantive Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document appointment;
Location:
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(ii) The Government servant is not drawing a separate pension from the autonomous body for the service 32 OA.306/2019 rendered in that body before acceptance of resignation;
and
(iii) The pension liability is discharged by the Autonomous body by paying in lump sum the amount of pension or service gratuity and retirement gratuity for the service rendered in the autonomous body. The lump sum amount of pension shall be determined with reference to the commutation table laid down in the Central Civil Services (Commutation of Pension) Rules, 1981.
2. The condition of discharge of pension liability by an autonomous body under the State Government having a non-contributory pension scheme similar to these rules shall be binding on that autonomous body in accordance with the reciprocal arrangement entered into by the Central Government with the concerned State Government.
3. Service rendered in a public sector undertaking, including nationalized bank and financial institution, before appointment in the Central Government does not count as qualifying service for the purpose of CCS (Pension) Rules, 2021.
4. All Ministries/Departments are requested that the above provisions regarding counting of service rendered in an autonomous body under the Central Government or a State Government as qualifying service for pension and gratuity under the Central Civil Services (Pension) Rules, 2021 may be brought to the notice of the personnel dealing with the pensionary benefits in the Ministry / Department and attached/subordinate offices thereunder, for strict implementation."
Digitally signed by Hemant Anant MahabalHemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document
11. Looking to the aforesaid Memorandum dated 17.02.2020, Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 more specifically clause (4) which talks about the vacancy occurred before 01.01.2004 and joining service on or after 33 OA.306/2019 01.01.2004, in such cases the employees were given one time option to submit their option to be covered under the CCS (Pension) Rules, 1972 by 31.05.2020.
12. Further, OM dated 11.06.2020 is also on the subject of Mobility of personnel amongst Central /State & Autonomous Bodies while working under Pensionable establishments.
Clause (5) and (6) also provides in respect of counting of service as well as submission of option and OM dated 02.10.2022 is in respect of counting of service rendered in Autonomous Bodies in Central Government or State Government.
13. Looking to the aforesaid OMs, it clear that when in the year 2020, the Government of India has granted one opportunity to submit option for to be covered under Old Pension Scheme to the employee concerned then in that situation the contention of the respondents that the present O.A. is hopelessly time-barred is not tenable.
14. Thus, in view of the aforesaid even though, the cut off Digitally signed by Hemant Anant Mahabal Hemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document dated for New Pension Scheme was 01.01.2004, however, Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 opportunity was granted to the employees for coverage under the Old Pension Scheme even after joining on 01.01.2004. From 34 OA.306/2019 record, it appears that the applicant has stated about exercise of option in Para 4.12 of the O.A., however, no document to that effect has been placed on record. Under these circumstances, the present O.A. is disposed of with the following directions:
(a) The applicant is permitted to file a detail and comprehensive representation before Respondent No.2 enclosing copy of option form, if submitted prior in point of time as per the OM within a period of 30 days from the date of receipt of certified copy of the order.
(b) If any, such representation is submitted by the applicant, Respondent No.2 is directed to consider the said representation in accordance with OM dated 17.02.2020 and 11.06.2020 taking into account OM dated 02.10.2022 and pass appropriate order in accordance with law.
14. With the aforesaid, the O.A. stands disposed of. There shall be no order as to costs.
15. All pending MAs, if any, also stand disposed of accordingly.
Digitally signed by Hemant Anant MahabalHemant Anant DN: C=IN, O=Personal, T=3273, OID.2.5.4.65= cd2ae49d8bf44fb5ab2d290f61a2b198, Phone= 0df695a144e63d3cd136c520255a48d230ca63775b412a272123c7dc7a126121, PostalCode=400602, S=Maharashtra, SERIALNUMBER= 44ef8f218df6316dce768bd9807f522585fec3a6ac1fd6a02290960724113109, CN= Hemant Anant Mahabal Mahabal Reason: I am the author of this document Location:
Date: 2026.01.02 15:57:55+05'30' Foxit PDF Reader Version: 2024.4.0 (Umesh Gajankush) (Shri Krishna) Member (J) Member (A).
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