Central Administrative Tribunal - Madras
S Ambeth vs Department Of Personnel And Training on 25 April, 2023
O A. 863/2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00863/2022
Dated Tuesday the 25h day of April Two Thousand Twenty Three
CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
S. Ambeth,
S/o.Susaimariyan (late),
No.8/139, North Street,
Alankinaru PO,
Sathankulam (via)
Tuticorin District- 628 704. ... Applicant
By Advocate M/s.T.Ramkumar
vs
1. Union of India,
Rep. by the Secretary,
Department of Personnel and Training,
North block,
Central Secretariat,
New Delhi- 110 001.
2. The Deputy General Manager,
Pension Fund Regulatory and Development Authority,
Chatrapati Shivaji Bhavan,
Qutab Institutional Area,
Katwari Sarai,
New Delhi- 110 016.
3. The Secretary,
Department of Posts,
Postal Directorate,
Dak Bhavan,
New Delhi- 110 002.
4. The Chief Postmaster General,
Tamilnadu Circle,
Chennai - 600 002.
O A. 863/2022
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5. The Postmaster General,
Southern Region,
Tamilnadu,
Madurai - 625 002.
6. The Senior Superintendent of P.O.S.,
Tirunelveli Division,
Tirunelveli - 627 002. ... Respondents
By Advocate Mr.G.Dhamodaran
O A. 863/2022
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ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA seeking the following reliefs:
"directing the respondents to take appropriate action to provide minimum assured pension in accordance with Section 20 (2) of the PFRDA Act, 2013 to the applicant in the light of the proceedings of the 2nd respondent under Memo No. PFRDA/17/07/13/0001/ 2018-SUP-CG (Part I) dated 02.12.2019 within the time frame fixed by this Hon'ble Court."
2. The brief facts of the case in nutshell is as follows:
The applicant submits that initially he was joined in service on 17.06.2013 as a Postman and now the applicant is working at Perumalpuram, Tirunelveli Division. The applicant is brought under the NPS Scheme of PFRDA in the year 2004. The PFRDA has sent a letter dated 13.2.2019 on behalf of All India Defence Employees Federation stating that the proposal of guaranteed pension to the Central Government employees under NPS is in process. The applicant has made a representation on 5.1.2021 to PFRDA requesting for minimum assured pension under New Pension scheme. The applicant's representation is still pending. Hence, the applicant has filed O.A.No.450 of 2021, for appropriate action to ensure fixed monthly pension under the NPS Scheme. The said O.A.No.450 of 2021 was dismissed by this Tribunal on 19.04.2021. The representation of the applicant is still pending before the respondents for further consideration. Being aggrieved the applicant filed this OA seeking the aforesaid relief.
3. After notice the respondents have appeared through their counsels and filed a short reply and submitted that said policy is under consideration of Government as well as the respondent has acted as per the Government of India Gazette O A. 863/2022 4 notification dated 22.12.2003 and has no role to assure minimum pension to the applicant. Hence, OA is to be dismissed with devoid of merits.
4. Heard Learned Counsel M/s.T.Ramkumar for applicant and Learned Counsel Mr.G.Dhamodaran for respondent. Perused the records and relevant documents.
5. The learned counsel for the applicant has vehemently argued that by letter dated 13.02.2019, the respondents have communicated the Section 20(2) of the PFRDA Act, 2013 provides for option to invest in scheme providing minium assured return as notified by the authority and that the matter is under consideration of the authority and no action has been taken in the matter. The applicant has filed O.A.No.452 of 2021 before this Tribunal challenging the order dated 02.12.2019 and to ensure fixed monthly pension under the NPS Scheme. The said OA was dismissed as withdrawn by order dated 19.04.2021. Since there was no final decision has been taken on said proposal accordingly he filed present OA and prayed for the aforesaid relief.
6. Heard both sides.
7. It is to be noted that the said proposal is still under consideration before the respondent and no final decision is taken in the matter and pending for a long period. Therefore, the respondent are directed to take a decision on the said proposal at the earliest.
8. OA is disposed of. No order as to cost.
(Lata Baswaraj Patne) Member (J) 25.04.2023 IG O A. 863/2022