Central Administrative Tribunal - Delhi
Mahipal vs Defence on 20 April, 2026
1
O.A. No. 405/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No. 405/2024
Reserved on: 14.03.2026
Pronounced on: 20.04.2026
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER (J)
1. Mahipal, PA No.43069-S S/o Shriram, Aged about 57 years,
R/o H.No.3126/233 Kamla Nagar, Konsiwas Road Rewari,
Distt. Rewari, Haryana - 123401
Senior Store Superintendent, Directorate of Operations (Lgs)
Air HQ (R.K.Puram), West Block-VI, R.K. Puram, New Delhi-
110 066.
Sub: Old Pension, Group 'B', Mobile: 9996077097
2. Dharam Singh, PA No.43072-S, S/o Pyare Lal Yadav, Aged
about 57 years, R/o H.No.1736, Sector 10-A, Gurugram,
Haryana.
Senior Store Superintendent, Directorate of Operations (Lgs)
Air HQ (R.K.Puram), West Block-VI, R.K. Puram, New Delhi -
110 066.
Sub: Old Pension, Group 'B'.
3. Satyapal Singh, PA No.43143-L s/o Tara Chand, Aged about
56 years, R/o H.No.727, Ajay Nagar Rewari, Haryana-123414
Senior Store Superintendent, Directorate of Mechanical
Transport, Air HQ (RK Puram), West Block-VI, R.K. Puram,
New Delhi - 110 066.
Sub: Old Pension, Group 'B'.
4. Maneesh Kumar, PA No.42988-A s/o Banarsi Dass, Aged
about 46 years, R/o H.No. H-281, Nanakpura, New Delhi -
110 021.
Senior Store Superintendent, Directorate of IMMOLS Air HQ
(RK Puram), West Block-VI, R.K. Puram, New Delhi - 110 066.
Sub: Old Pension, Group 'B'.
5. Abhijit Kr. Sinha, PA No.43074-F, s/o late K.N. Sinha, Aged
about 42 years, R/o H.No.E-65, Nanakpura, South Moti Bagh,
New Delhi - 110 021.
Senior Store Superintendent, Directorate of Logistics Planning,
Air HQ (RK Puram), West Block-VI, R.K. Puram, New Delhi -
110 066.
Sub: Old Pension, Group 'B'.
6. Poonam Kukreti Juyal, PA No.42989-F, W/o Mukul Juyal,
Aged about 43 years, R/o H.No.648, Block -06, Lodhi Colony,
New Delhi - 110 003.
Senior Store Superintendent, Directorate of Radar Air HQ
(Antyodaya Bhawan), B-4, 13th Floor, CGO Complex, Lodhi
Road, New Delhi - 110 003.
Sub: Old Pension, Group 'B'.
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O.A. No. 405/2024
7. Satyaveer Singh, PA No.43068-N, s/o Layak Singh, Aged
about 45 years, R/o A-273, BETA-I, Greater NOIDA, Gautam
Budh Nagar, UP-201306.
Senior Store Superintendent, Directorate of Engineering
Rafale, Air HQ (Vayu Bhawan), Rafi Marg, New Delhi - 110
011.
Sub: Old Pension, Group 'B', Mobile:
8. Kuldeep Singh Ahlawat, PA No.43038-S s/o Mohinder Singh
Ahlawat, Aged about 44 years, R/o VPO Dighal, Distt. Jhajjar,
Haryana-124 107.
Senior Store Superintendent, Directorate of Eng-Jaguar, Room
No.215,Air HQ (Vayu Bhawan), New Delhi - 110 011.
Sub: Old Pension, Group 'B'.
9. Shri Bhagwan, PA No.42985-K, S/o Raj Singh, Aged about 45
years, R/o H.No.1299, Sector-04, R.K. PUram, New Delhi -
110 022.
Superintendent (Store), Directorate of Avionics Modification
and Simulators, Air HQ (Antyodaya Bhawan), B-3, 12th Floor,
CGO Complex, Lodhi Road, New Delhi - 110 003.
Sub: Old Pension, Group 'B'.
10. Manoj Kumar Bharti, PS No.43033-T, s/o Late J. Ram, Aged
about 45 years, R/o H.No.165, RPS Colony, Dr. Ambedkar
Nagar, Khanpur, New Delhi - 110 062.
Superintendent (Store), Directorate of Guided Weapon
Maintenance, Air HQ (Antyodaya Bhawan), B-1, 12th Floor,
CGO Complex, Lodhi Road, New Delhi - 110 003.
Sub: Old Pension, Group 'B'.
11. Raju Chauhan, PS No.43030-H, s/o Jai Prakash, Aged about
44 years, R/o E-198, Street No.07, Subhash Vihar, North
Ghonda, Delho - 53.
Superintendent (Store), Directorate of Engineering (BT) Room
No.290D, Air HQ (Vayu Bhawan), New Delhi - 110 011.
Sub: Old Pension, Group 'B'.
12. Manoj Chourasia, PA No.43073-A, s/o Shiv Kumar
Chourasia, Aged about 47 years, R/o Rampura Ward Near
Kazee Kua, Beside Rakesh Kirana Bhandar, Sagar, M.P.
Ex-Store Keeper, Canteen Stores Department, CSD Depot,
Army Supply Road, Dimapur-797112 - Present working as
Area Manager.
Sub: Old Pension, Group 'B'.
13. Harendra Kumar, PA No.43036-K, s/o Late Kuldip
Chaudhary, Aged about 45 years, R/o H.No. B-III, 524,
Dhurwa Bus Stand, Ranchi, Jharkhand - 834004.
Ex-Store Keeper, Zonal Accounts Office, CBDT/Income Tax
Department, Bagnoy Building, Main Road, Ranchi 834001-
Presently working as Sr. Accountant.
Sub: Old Pension, Group 'B'.
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O.A. No. 405/2024
14. Sanjay Kumar, PA No.43071-N, s/o Satya Dev, Aged about
47 years, R/o RZ-54A/338, Jagdamba Vihar, West Sagarpur,
New Delhi - 110 046.
Ex-Store Keeper, PAO, DFS, Room No.107A, Ministry of
Finance, AGCR Building, ITO, New Delhi-110 001. - Presently
working as Asstt. Accounts Officer.
Sub: Old Pension, Group 'B'.
15. Amit Kumar, PA No.43035-G, s/o Panch Pal, Aged about 44
years, R/o B-47, 2nd Floor, DDA Flats, Kalyan Vihar, Delhi -
110 009.
Ex-Store Keeper, FSO, Office of FSO, Circle-4, Adarsh Nagar,
F&S Department, GNCTD, Delhi, Rain Basera Building, Sarai
Pipal Thala, Adarsh Nagar, Delhi-110 033 - Presently working
as F & S Officer.
Sub: Old Pension, Group 'B'.
16. Rakesh Ranjan, PA No.43216-N, s/o Chhote Lal Gupta, Aged
about 44 years, R/o C-22, Type-4, Audit Colony, Kaulagarh,
Dehradun, Uttarakhand - 248195.
Ex-Assistant Store Keeper, Office of the Principal Accountant
General (Audit) Uttarakhand, Mahalekhakar Bhawan,
Kaulagarh, Dehradun-248 195 - Presently working as
Assistant Audit Officer.
Sub: Old Pension, Group 'B'.
17. Rajeev Kumar, PA No.43039-A s/o late Kuldip Chaudhary,
Aged about 40 years, R/o H.No.B-III 524, Dhurwa Bus Stand,
Ranchi - 830004.
Ex-Assistant Store Keeper, Office of CCA Jharkhand Circle,
Department of Telecom, 3rd Floor, Shaheed Chowk, Ranchi -
Presently working as Junior Accountant.
Sub: Old Pension, Group 'B'.
18. Harish Chander Malik, PA No.43051-B, s/o Risal Singh
Malik, Aged about 60 years, R/o RZ-45 'B', Phase-III 'B' Block,
Prem Nagar, Najafgarh, Delhi - 110 043.
Retired as Superintendent (Store) from 12 Base Repair Depot,
Najafgarh, Delhi - 43.
Sub: Old Pension, Group 'B'.
19. Panneerselvam V., PA No.43175-R, s/o Vijayarangam, Aged
about 63 years, R/o No.3, 4th Street, Netaji Nagar,
Thirumalaivoyal, Chennai-600 062.
Retired as Senior Store Superintendent, From 23 Equipment
Depot, Air Force Station, Avadi, Chennai-600055.
Sub: Old Pension, Group 'B'.
20. Ved Prakash, PA No.43166-N, s/o Ram Asare, Aged about 60
years, R/o N-22, Gopal Nagar Extn., Najafgarh, Delhi - 43.
Retired as Superintendent (Store) From 13 Base Repair Depot,
Palam, New Delhi-45.
Sub: Old Pension, Group 'B'.
...Applicants
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O.A. No. 405/2024
Versus
1. Union of India through the Secretary, Ministry of Defence,
Room No.234, South Block, New Delhi- 110 002.
2. The Director Personnel Civilians Air Head Quarters, Vayu
Bhawan, Rafi Marg, New Delhi - 110 011.
Senior Accounts Officer (Admin), O/o Controller of Accounts
Principal Accounts Office, R.No.76 B, North Block, New Delhi
- 110 001.
3. Senior Accounts Officer (Admn.), O/o Controller of
Accounts Principal Accounts, Office R.No.76 B, North Block,
New Delhi - 110 001.
...Respondents
For Applicant: Sh. Ranjit Sharma, Advocate
For Respondents: Sh. Rajeev Kumar, Senior Central Govt.
Counsel
ORDER
AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:
THE ISSUE
1. The issue involved in this case is whether the applicants have vested legal right for coverage under Central Civil Services (Pension) Rules instead of NPS though appointed after 01.01.2004 against posts or vacancies notified-released for recruitment prior to 22.11.2003, the date of notification for NPS or 01.01.2004 but the advertisement published after 01.01.2004?
THE PRAYER
2. Applicants have invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking following main relief [as extracted from the OA] reads as -
"This Hon'ble Tribunal may graciously be pleased to
(a). direct the respondents to grant Old Pension to the applicants, quashing orders dt.20-10-2023 (ANNEXURE A1 Colly supra);
(b) Pass such other order/s as may be deemed fit & proper."
DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 5 O.A. No. 405/2024 FACTS IN BRIEF
3. Shorn of unnecessary details, the briefly stated facts as adumbrated by the applicants in the OA and specifically not denied by the respondents in the counter reply. Applicants have stated in the OA that they were appointed on the posts of Store Keeper and Assistant Store Keeper in Air Headquarters, Indian Air Force, New Delhi, pursuant to advertisement dated 07-13 February, 2004 published in the Employment News. So also stated in the Memo of parties that Applicant Nos. 1, 2, 3, 4, 5, 6, 7 and 8 are working as Senior Store Superintendent, Applicant Nos. 9, 10 and 11 are working as Superintendent (Store), Applicant No.12 is working as Area Manager, Applicant No.13 as Senior Accountant, Applicant No.14 as Assistant Accounts Officer, Applicant no.15 as F&S Officer, Applicant No.16 as Assistant Auditor Officer and Applicant No.17 as Junior Accountant, whereas Applicant Nos. 18, 19 & 20 superannuated from the post of Superintendent (Store).
4. His Excellency President of India vide letter dated 28.07.2003 has conveyed the sanction for filling up 530 vacant posts of Civilians by direct recruitment in the various Air Force Units by Screening Committee for the year 2000-2001 and 2001-2002 in terms of DoP&T OM dated 16.05.2001 and for Group 'C' - 370 posts released out of total 530 posts released for recruitment.
5. The non-availability certificate in respect of filling up 530 posts by direct recruitment sought vide letter dated 29.10.2003 and granted vide letter dated 31.10.2023. Respondents published advertisement dated 7-13 February, 2004 (Annexure A-2) in the Employment News for the posts of Store Keeper and Assistant Store Keeper in Indian Air Force, Air H.Q., New Delhi. The applicants having been appointed pursuant to advertisement dated 7-13 Feb., 2004 for Air HQ, New Delhi were not granted benefits of Old Pension Scheme under CCS (Pension) Rules, 1972 (Now 2021) whereas for the posts for Indian Air Force HQ, Maintenance Command, Nagpur to fill up out of total 530 posts sanctioned and released pursuant to same letter/notification dated 28.07.2003 has been granted benefits of Old Pension Scheme and as per OM dated 03.03.2023, granted DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 6 O.A. No. 405/2024 coverage under CCS (Pension) Rules, 1972 (Now 2021) in place of NPS.
6. Applicants have made specific averments in the OA that all the applicants were appointed against the posts/vacancies of 530 civilian posts sanctioned/released on 28.07.2003 and for Air HQ, respondents issued advertisement on 7-13 Feb, 2004 and for HQ Maintenance Command, IAF, Nagpur issued advertisement dated 13- 19 December, 2003 and for the fault of respondents, the present applicants cannot be made to suffer. The impugned Order dated 20.10.2023 [Annexure A-1(Colly)] rejecting representations of the applicants denying coverage under CCS (Pension) Rules, 1972 and OM dated 03.03.2023 and impugned orders are non est and contrary to para 4 of the OM dated 03.03.2023 as in the cases of all the applicants posts/vacancies for recruitment/appointment were released, vide letter/notification dated 28.07.2003 (Annexure A-3) and the non-availability certificate issued on 29.10.2003, hence the applicants are entitled for coverage under OPS under CCS (Pension) Rules, 1972 (Now 2021) with all consequential benefits.
7. Per contra, the respondents have filed counter reply dated 17.10.2023 and made averment that N.P.S. was introduced vide Notification dated 22.12.2003 for employees appointed as on or after 01.01.2004 under Central Government and CCS(Pension) Rules, 1972 were not applicable to the applicants.
8. Respondents have also stated that DOP&PW vide OM dated 03.03.2023 agreed to bring those employees under CCS(Pension) Ruloes, 1972 (Now 2021) who were recruited against posts/ vacancies advertised/notified for recruitment before 22.12.2003 and employees who joined on or after 01.01.2004 are covered under NPS and have to provide one time option for coverage under CCS (Pension) Rules, 1972 (now 2021) by 31.08.2023. So also the respondents stated in paragraph 2 that the applicants had exercised their option to be granted coverage under CCS (P) Rules, 1972 and same was within time.
9. Respondents made further averments that the claim of the applicants for OPS under CCS (Pension) Rules, 1972 rejected DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 7 O.A. No. 405/2024 pursuant to OM dated 03.03.2023 as the applicants were recruited against vacancies advertised in Employment News dated 7-13 Feb., 2004, issued after the date of Notification for NPS i.e. 22.12.2003 and not eligible to switch over from NPS to OPS in accordance with DoP&PW OM dated 03.03.2023, hence, the competent authority has rejected the option of the applicants for coverage under CCS (Pension) Rules, 1972 (now 2021).
10. Rejoinder has been filed by the applicants to the counter reply affidavit reiterating that total 530 posts sanctioned for direct recruitment in various Units of IAF, conveyed vide letter/ Notification dated 28.07.2003 (Annexure A-3) and non-availability Certificate sought vide letter dated 10.10.2003 and 29.10.2003 issued on 31.10.2003, prior to 22.12.2003, the date of notification for NPS. The Nagpur Unit of IAF advertised in December, 2003 and HQ Unit issued in Feb., 2004 and those appointed in Nagpur Unit inducted under OPS and the claim of applicants-employees of HQ Unit for coverage under OPS has been rejected vide verbatim similar impugned Orders dated 20.10.2023. Respondents delayed issuance of advertisement at IAF, Air Force HQ, Delhi and as per OM dated 03.03.2023. The Notification/letter dated 28.07.2003 for release of vacancies issued on 28.07.2003 for vacancy years 2000-2001 and 2001-2002. So as per para 4 of OM dated 03.03.2023, applicants are entitled for coverage under OPS as vacancies were notified on 28.07.2003 vide letter dated 28.07.2003 i.e. prior to 22.12.2003- NPS and recruitment process started on 28.07.2003. Hence, OA deserves to be allowed.
SUBMISSIONS
11. Shri Ranjit Sharma, the learned Counsel for the applicants argued that the applicants were appointed in Air HQ, IAF, New Delhi pursuant to advertisement dated 7-13 Feb., 2004 published in Employment News and respondents sought option as per para 4 of OM dated 03.03.2023 for consideration of coverage under CCS (Pension) Rules in place of NPS of those Central Government employees who were recruited against the posts/vacancies advertisement/notified for recruitment on or before 2003. Admittedly, the posts on which the applicants were appointed were DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 8 O.A. No. 405/2024 released for recruitment and vacancies notified vide letter dated 28.07.2003 (Annexure A-3) to fill up by direct recruitment and as per para 4 of OM dated 03.03.2023, once posts/vacancies were notified for appointment, i.e., prior to 22.12.2003, hence, applicants are entitled for coverage under statutory Pension Scheme instead of NPS and date of advertisement dated 7-13 Feb., 2004 is not relevant in facts of present case. Respondents have inducted similarly placed employee namely, Ms. Shilima Singh Bhadauria, SSS, pursuant to OM dated 03.03.2023 vide Order dated 20.10.2023 (Annexure A-8) under OPS, as advertisement dated 13-19 Dec., 2023 under IAF, HQ Maintenance Command, Nagpur issued prior to 01.01.2004 and the applicant cannot be denied fundamental right guaranteed under Article 14 & 16 of the Constitution of India.
12. Shri Rajeev Kumar, learned Senior Central Government Counsel appearing for the respondents vehemently contended that the representations of the applicants as per Option exercised for OPS instead of NPS, pursuant to OM dated 03.03.2023, examined and rejected vide verbatim identical impugned Orders dated 20.10.2023 [Annexure A-1 (Colly)] because all the applicants were recruited against the vacancies notified/advertised in Employment News 7-13 Feb., 2004 which was after 22.12.2003, the date of notification of NPS and as per OM dated 03.03.2023, did not fulfill the eligibility for coverage under OPS.
ANALYSIS AND FINDINGS
13. The main issue in the case in hand is whether the applicants are entitled for coverage under Old Pension Scheme under CCS (Pension) Rules, 1972 (now 2021) in accordance with O.M. dated 03.03.2023, as per posts/vacancies notified on 28.07.2003, prior to 22.12.2003 or 01.01.2004, whereby sanction to fill up 530 vacant posts of civilians was cleared by Screening Committee for years 2000-2001 and 2001-2002 vide letter dated 28.07.2003 and the recruitment process started.
14. Admitted facts in the case are that all the applicants were appointed pursuant to posts/vacancies sanctioned vide letter dated 28.07.2003 (Annexure A-3) to fill up 530 posts of civilians by direct DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 9 O.A. No. 405/2024 recruitment in various Air Force Units cleared by the Screening Committee for the year 2000-2001 and 2001-2002 and non- availability certificate issued on 31.10.2003. Respondents issued OM dated 03.03.2023 for coverage under CCS (Pension) Rules in place of NPS of those Central Government employees who were recruited against the posts advertised/notified for recruitment on or before 22.12.2003. All the applicants submitted option forms for coverage under OPS but rejected vide verbatim impugned Orders dated 20.10.2023 (Annexure A-1) stating that they are recruited against posts advertisement on 7-13 Feb., 2004 and rejected the claim to exercise option for inclusion under CCS (Pension) Rules, 1972 (now 2021).
15. The dispute in the present case is that the applicants are claiming coverage under CCS (Pension) Rules, 1972 (now 2021) as per para 4 of OM dated 03.03.2023, whereby option has been sought for coverage under OPS, where civilian employee appointed against a post/vacancy which was notified for recruitment/ appointment and in case of applicants, letter dated 28.07.2003 is the date of release of posts of the applicants for direct recruitment. Hence, in light of para 4 of OM dated 03.03.2023, the date when vacancies "notified" is 28.07.2003 (Annexure A-3) and recruitment process started for the purpose of OM dated 03.03.2023. Hence, the applicants are entitled for coverage under OPS as per para 4 of OM dated 03.03.2023 whereas the stand of the respondents is that the applicants were recruited for the posts advertised in Employment News: 7-13 Feb., 2004 which was after the date of notification for NPS i.e. 22.12.2003 and appointed after 01.01.2004, hence, they are not entitled to coverage under CCS (Pension) Rules, 1972.
RULE OF LAW
16. To appreciate the issue arising in the present OA, it will be necessary to notice the relevant office memorandum No. 57/05/2021-P &W (B), dated 03rd March, 2023, Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare (Annexure A-12). For ready reference, OM dated 03.03.2023 reads as under:
DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 10 O.A. No. 405/2024 "Subject: Coverage under Central Civil Services (Pension) Rules, in place of National Pension System, of those Central Government employees who were recruited against the posts/vacancies advertised /notified for recruitment, on or before 22.12.2003.
The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003- BCB & PR dated 22.12.2003, all Govemment servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
2. Subsequently, Department of Pension and Pensioners' Welfare 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 Hon'ble Courts, issued instructions vide OM No. 57/04/2019-
P&PW(B) dated 17.02.2020 giving one time option to Central Government employees who were declared successful for recruitment in the results declared on or before 31.12,2003 against vacancies which occurred before 01.01.2004 and were covered under the National Pension System on joining service on or after 01.01.2004, to be covered under the CCS(Pension) Rules, 1972 (now 2021). There was fixed time schedule for different activities under the aforesaid OM dated 17.02.2020.
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.
4. 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 emplovee has been appointed against a post or vacancy 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.
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.
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7. The matter regarding coverage under the CCS (Pension) Rules, 1972 (now 2021), based on the option exercised by the Government servant, shall be placed before the Appointing Authority of the posts for which such option is being exercised for consideration, in accordance with these instructions. In case the Government servant fulfills the conditions for coverage under the CCS (Pension) Rules, 1972 (now 2021), in accordance with these instructions, necessary order in this regard shall be issued latest by 31* October, 2023.The NPS account of such Government servants shall, consequently, be closed w.e.f. 3lst December, 2023.
8. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972 (now 2021), shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA 111/390 dated 14.11.2019 & I.D. Note No. TA- 3-6/3/2020-TA-11/cs-4308/450 dated 23.12.2022:
i. Adjustment of Employees' contribution in Accounts: Amount may be credited to individual's GPF account and the account may be recasted permitting up-to-date interest (Authorio-FR-16 & Rule T of GPF Rules).
ii. Adjustment of Government contribution under NPS in Accounts: To be accounted for as C) Dr. to object head 70 - Deduct Recoveries under Major Head 2071 - Pension and other Retirement benefit - Minor Head 911- Deduct Recoveries of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts).
iii. Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts (Note under the above Head in LMMHA).
9. All Ministries/Departments are requested to give wide publicity to these orders without fail. The cases of those Government servants who fulfill the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972 (now 2021) may be settled by the administrative Ministries/Departments in accordance with these orders.
10. This issues in consultation with Ministry of Finance, Department of Expenditure vide ID Note No. 1(7VEV/2019 dated 05.12.2022 & 07.02.2023 and in consultation with Controller General of Accounts vide their I.D. Note No. TA-3-6/3/2020-TA-111/es-4308/450 dated 23.12.2022.
11. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution of India.
12. Hindi version will follow."
(emphasis supplied)
17. From the aforesaid O.M., extracted hereinabove, relating to the applicability of Central Civil Service (Pension) Rules, it is clear that on introduction of NPS vide notification dated 22.12.2003, all DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 12 O.A. No. 405/2024 Government servant appointed on or after 01.01.2024 to the posts in Central Government service are mandatorily covered under the said scheme. Subsequently OM dated 17.02.2020 was issued giving one time option to Central Government employees who were declared successful for recruitment in the results declared on or before 31.12.2004 against vacancies which occurred before 01.01.2004 and covered under NPS on joining service on before 01.01.2004 and were covered under NPS, to be covered under CCS Rules, 1972 (Now Rules, 2021).
18. The Department of Financial Services, DOPT, Department of Expenditure and Department of Legal Affairs, now decided vide the above OM dated 03.03.2023 that all cases where the Central Government Civil Employees have been appointed against a post or vacancy which was advertised/notified for recruitment/ appointment prior to the date of notification for NPS i.e. 22.12.2003 and is covered under NPS on joining service on or after 01.01.2004, may be given a one-time option to be covered under Rules, 1972 (now 2021).
19. The fact of the matter is that vide letter dated 28.07.2003 His Excellency President of India conveyed sanction of the President for filling up of 530 vacant posts of civilians by direct recruitment in the various Air Force Units cleared by the Screening Committee for the year 2000-2001 and 2001-2002 and total 530 posts released to be informed for recruitment action to the concerned agencies with proper procedure. The letter dated 28.07.2003 (Annexure A-3) reads as -
"OPTIMIZATION OF DIRECT RECRUITMENT TO CIVILIAN POSTS.
I am directed to refer to Min of Def ID Note No.A- 48017/2001/2001-D (Estt./Gp.I) dated 27 Mar 03 and to convey the sanction of the President for filling up of 530 vacant posts of civilians by direct recruitment in the various Air Force units cleared by the Screening Committee for the year 2000-2001 and 2001-2002 in terms of Department of Personnel & Training OM No./8/2001-PIC dated 16 May 2001 as detailed below:-
Sl.No. Category of posts released No.of posts released (a) Group 'B' 10 (b) Group 'C' 370 (c) Group 'D' 150 __________, DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 13 O.A. No. 405/2024 530 ____________.
2. Air HQ will identify the units/trade-wise distribution of the above posts and inform the concerned agencies for recruitment action in accordance with prescribed procedure.
3. Air HQ will also identify and abolish 1192 civilian posts by issuance of a suitable order as per direction of this Ministry's letter under reference as early as possible.
4. This sanction issues with the concurrence of Ministry of Defence (Finance/Air) vide their U.O. No.772/Org/S/AF/2003 dated 22.07.2003."
[Emphasis supplied]
20. The pivotal question in this case in hand is that once the Government of India, Ministry of Defence, New Delhi issued letter dated 28.07.2003, extracted herein above and the posts total 530 released for concerned various agencies for recruitment to follow procedure and 28.07.2003 is the date notified and process of recruitment started. The date 28.07.2003, of the letter communicating for recruitment against such 530 posts may be considered as cut off date for considering eligibility of the applicants for coverage under CCS (Pension) Rules as stipulated in para 4 of OM dated 03.03.2023
- appointed against a post or vacancy which was advertised/ notified for recruitment/appointment prior to date of NPS notification i.e. 22.12.2003.
21. The issue involved in the present case is no more res integra. This Tribunal has dealt the identical issue in OA No.3735/2018 (Delhi) Shri Narendra Kumar Yadav Vs. Union of India & Ors., decided vide Order 20.03.2023. Relevant paragraphs 6 to 9 read as under -
"6. I have heard learned counsel for the parties and also gone through the pleadings on record carefully.
7. From the facts of the case as stated by learned counsel for the applicant and admitted in the counter affidavit by the respondent no.3, the process of recruitment started well before 01.01.2004. Rather to be specific the process of recruitment started when the respondent no.3 requested the employment exchange for advertisement i.e. on 11.12.2003. In view of this, present OA is squarely covered under the OM 03.03.2023 and accordingly the same succeeds on merit.
8. IN view of the above, the contention of the applicant for being considered under the OPS is accepted as per the Para 4 of the aforesaid OM dated 03.03.2023. The applicant may exercise his option to migrate to Old Pension Scheme. The respondents shall take appropriate action in accordance with the OM dated 03.03.2023. The aforesaid exercise should DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 14 O.A. No. 405/2024 be completed within 8 week from the date of receipt of a certified copy of this order.
9. The OA is allowed in the aforesaid terms. However, there shall be no order as to costs."
[Emphasis supplied]
22. So is the case in present case, the Ministry of Defence, Govt. of India vide letter dated 28.07.2003 (Annexure A-3) released the posts - 530 and directed Air HQ to inform concerned agencies, various Units of IAF for recruitment action as per procedure prescribed. So also the non-availability certificate requested vide letters dated 10.10.2003 & 29.10.2003 (Annexure A-4) and non- availability certificate issued vide letter dated 31.10.2003 (Annexure A-5). So far as OM dated 03.03.2003, extracted hereinabove, in light of para 4 of OM dated 03.03.2023, the applicants are covered under CCS (Pension) Rules, 1972 (Now 2021) in place of NPS as these applicants have been recruited against the posts notified for recruitment vide letter dated 28.07.2003 (Annexure A-3) and same is prior to 22.12.2003, the date of notification of NPS.
23. Order dated 20.03.2023 passed in OA No.3735/2018 (Delhi) titled Sh. Narendra Kumar Yadav (supra) was challenged before Hon'ble High Court of Delhi in WP (C) No.10544/2023, Union of India & Anr. vs. Narender Kumar Yadav. Their Lordships vide judgment dated 29.10.2025, dismissed the petition and upheld order dated 20.03.2023. Relevant paragraphs 21 to 33 for ready reference read as under -
"21. We have considered the submissions made by the learned counsels for the parties.
22. Though the O.A. filed by the respondent was on the basis that he was even otherwise entitled to be governed by the OPS, during the pendency of the O.A., the O.M. dated 03.03.2023 came to be issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare.
23. From reading of the O.M. dated 03.03.2023, it would be apparent that a right for one time option was conferred on the Central Government civil employees, who have been appointed against a post or vacancy which was 'advertised' or 'notified' for recruitment/appointment prior to the date of notification of NPS, that is, 22.12.2003, but who were covered under the NPS on joining service on or after 01.01.2004.
24. In the present petition, the scope of the term 'advertised/notified' has to be considered. The Central Government has in our view intentionally used the two distinct terms, as they have separate legal connotations.
DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 15 O.A. No. 405/2024
25. In the present case, it is admitted that the Advertisement pursuant to which the respondent was appointed to the post of Foreman with the CGWB, was issued by the Employment Exchange on 17.01.2004, however, this would not be the end of matter, as the same covers only the term 'advertised' used in the O.M. dated 03.03.2023.
26. The CGWB, by a letter dated 11.12.2003, had called upon the Central Employment Exchange to nominate suitable candidates for the said post.
27. Section 4 of the Employment Exchange Act reads as under:
"4. Notification of vacancies to employment exchanges.-- (1) After the commencement of this Act in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed.
(2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition.
(3) The manner in which the vacancies referred to in sub-section (1) or sub-section (2) shall be notified to the employment exchanges and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed.
(4) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those sub-sections."
(Emphasis supplied)
28. A reading of the above would show that the notification of the vacancy in a post is done by the employer by informing the vacancy to the Employment Exchange. Therefore, when a requisition/notification is sent by the establishment to the Employment Exchange is the date when the vacancy is 'notified' for the purposes of O.M. dated 03.03.2023.
29. In the present case, the said notification, therefore, took place on 11.12.2003, that is, prior to the O.M. dated 22.12.2003 by which the NPS was directed to be introduced with effect from 01.01.2004.
30. In our view, therefore, the learned Tribunal has rightly held that the one time option to convert to the OPS had to be granted to the respondent, as the vacancy had been notified prior to 22.12.2003, the cut-off date prescribed in the O.M. dated 03.03.2003.
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31. As far as the plea of the counsel for the petitioners that the petitioner may not be compulsorily covered by the Employment Exchange Act for the vacancy in question, in our view, we need not go deeper into it. The fact remains that the petitioner did notify the vacancy to the Employment Exchange prior to 22.12.2003; under what circumstances the notification was made is irrelevant for the application of the O.M. dated 03.03.2023.
32. On the plea of delay in filing of the O.A., while this may have been relevant to the original O.A filed by the respondent, as noted hereinabove, during the pendency of the O.A., the O.M. dated 03.03.2023 came to be issued by the DOP&T. The learned Tribunal instead of calling upon the respondent to file a fresh O.A. to claim benefit under the said O.M., has proceeded to consider the claim of the respondent under the said O.M.. We find not infirmity in the same and also agree with the final conclusion of the learned Tribunal in that regard. As far as the claim of the respondent for a one time option under O.M. dated 03.03.2023, the same was within time; in fact, the O.A. was pending adjudication as on that day before the learned Tribunal.
33. For the reasons stated hereinabove, we find no infirmity in the Impugned Order passed by the learned Tribunal. The writ petition is accordingly dismissed. There shall be no orders as to costs."
[Emphasis supplied]
24. The Coordinate Bench of this Tribunal [Ernakulam Bench) in OA No.180/01063/2018 Seena R.S. Vs. Union of India & Ors., vide common Order dated 16.09.2025 allowed the batch of similar OAs. Relevant paragraph 15 to 17 reads as under:-
"15. These facts clearly show that the posts were identified and were notified. In OM dated 3.3.2023 both the terms "advertised/notified for recruitment/appointment" are used. In the light of both the terms available in the OM it is clear that both cannot have the same meaning and are not synonymous to each other. In normal parlance, "advertised"
refers to a public announcement for vacancies usually in a newspaper, that invites applications, while "notified" indicates a formal, often statutory or rule based declaration that a vacancy exists providing a legal basis for the recruitment process. Advertisements are a method of communicating vacancies to a broad audience to ensure transparency, whereas notification is a formal act by an authority to inform public or specific bodies about something significant, like a deemed vacancy. Thus, advertisements are public announcement, often through newspapers or other media, that details the number of posts, eligibility criteria etc. On the other hand, notifications are formal communications often issued as a statutory rule that serves as the legal basis for action. Evidently, advertisement is published for public information and the notification can be for official purpose for initiating the process of recruitment and should necessarily precede the advertisement. Evidently, in this case the posts have been notified for recruitment for the year 2002. Though the entire process was completed and the applicants appointed after 1.1.2004, evidently, they were appointed against vacancies notified for recruitment. This view seems to be in consonance with the earlier view of the Tribunal. The claim of applicants to that extent is liable to be allowed.
16. In the light of the above finding the OAs are only to be allowed granting them for the purpose of pension, the benefit of OM dated DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30' 17 O.A. No. 405/2024 3.3.2023. Appropriate orders shall be passed in relation to the retired employees bringing them under the coverage of the old pension scheme. In the case of serving employees also fresh orders shall be passed bringing them under the coverage of the old pension scheme and consequential orders passed therein. Both orders shall be passed within three months from the date of receipt of a copy of this order. The entire amount due to the applicants who have already been retired shall be paid within a period of one month thereafter. If the entire amount is not paid within the above total of 4 months in the case of retired employees, the amount due will carry 9% interest till it is paid.
17. OAs are allowed to the above extent. No order as to costs.
[Emphasis supplied]
25. Undisputedly, the respondents have already inducted similarly placed employee appointed from 530 posts released vide letter dated 28.07.2003, namely, Smt. Shilima Singh Bhadauriya, SSS, appointed as Store Keeper under HQ Maintenance Command, Nagpur pursuant to Employment News dated 13-19 Dec, 2003 and issued Order dated 20.10.2023 (Annexure A-8) providing benefits of Old Pension Scheme. However, the applicants have been denied benefits vide impugned Orders dated 20.10.2023 [Annexure A-1 (Colly)] only on the ground of delay in issuance of advertisement in Employment News: 7-13 Feb., 2004 , for no fault of the applicants, they cannot be made to suffer. The similarly placed candidate appointed pursuant to letter for sanction/release of 530 posts dated 28.07.2003, granted and held eligible for Old Pension Scheme under Rules, 1972. The applicants in this case for coverage under CCS (Pension) Rules, 1972 applying the principles of parity and equality under Articles 14 & 16 of the Constitution of India and in light of posts notified on 28.07.2003 and as per OM dated 03.03.2023, are also entitled for coverage under OPS and OA deserves to be allowed.
CONCLUSION
26. This Tribunal has already analyzed in detail the issue and in light of aforesaid analysis findings on the issue is decided in favour of the applicants and against the respondents.
27. The impugned Orders dated 20.10.2023 [Annexure A-1 (Colly)] relating to the applicants are quashed and set aside.
28. All the applicants are held entitled for coverage under Old Pension Scheme under Central Civil Services (Pension) Rules, 1972 (Now 2021).
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29. Respondents are directed to allow the serving applicants to switch over to General Provident Fund-cum-Statutory Pension Scheme under Central Civil Services (Pension) Rules, 1972 (Now 2021) and complete the said exercise within a period of twelve weeks from the date of receipt/production of the certified copy of this order passed today.
30. Respondents are further directed to pass appropriate order in relation to the retired applicants to bring them under the coverage of Old Pension Scheme and complete the said exercise within a period of twelve weeks from the date of receipt/production of the certified copy of this order passed today.
31. Accordingly, the Original Application is allowed to the above indicated terms and disposed of.
32. However, there shall be no order as to costs.
33. As a sequal thereof, pending Miscellaneous Application(S), if any, also stands closed.
(Ajay Pratap Singh) Member (J) /na/ DHRUV DHRUV MEHRA MEHRA2026.04.22 11:48:54+05'30'