Central Administrative Tribunal - Madras
V K Manoj Kumar vs M/O Personnel, Public Grievances And ... on 12 June, 2023
1 OA No.310/00381//2022 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00381/2022 Dated Monday the 12" day of June,Two Thousand Twenty Three CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J) 1.V/K.Manoj Kumar (SCHC 25245) S/o E.V. Damodharan(Late}, Police Constable, Mahe Police Station, residing at Sreelakam Chembra, Mahe(Post) Paral. 2.Mendugulla Prabhagar (SGHC 2527), S/o Subbarayidu, ' Police Constable, CBCID, Puducherry. Residing at Prashanthi Street, Thillai Kannu Amma Nagar, Navarkulam, Lawspet, Puducherry. 3.Chinta Veerabhara Rao (SCHC 2528), S/o Chinta Narasimha Rao, Police Constable, CCR Puducherry. Residing at No.7, Sunderoun Nagar, Thengaithittu, Puducherry. 4 Karri Krishnamurthy(SGHC 2529), Police Constable, Government Central Press, Puducherry. Residing at Near Little Planet Park, D.Nagar, Gorimedu, Puducherry. 5.D.Banumathi(SGWHC 2534), W/o Gajendiran, Police Constable, SIGMA Security, Puducherry residing at No.15, VOC Street, 2"* Cross, Vasantham Nagar, Villianur, Puducherry. 6.8. Lakshmi(SGWHe 2535), Wio S.Manickavasagam, Police Constable- Madurai OP, Puducherry. Residing at N.5A Kamaraj Street, Vasantham Nagar, Villanur, Puducherry. 7 Tamilselvy(SGWHC 2536), W/o Ravichandran, Police Constable, All Women Police Station, Villianur, Puducherry residing at No.119, Subramaniya Siva Nagar, Villianur, Puducherry. 8 V.Ganam(SGWhC 2537) W/o Vijayan, Police Constable, Grand Bazar Police Station, Puducherry, residing at Plot No.100, Ashok Nagar, Senthanatham Road, Ariyapalayam, Villianur, Puducherry. 9.D.Varalathoumy(SGWHC 2538), D/o Daharaman, Police Constable, Thavalakuppam Police Station, Puducherry residing at No.56, South Street, Bahour, Puducherry. 10.R. Padmini(SGWHC 2539), D/o Ramakrishnan, Police Constable, All Women Police Station, Villianur, Puducherry residing at No.9,School Street, Govindasalai, Puducherry. 1L.E. Florette (SGWHC 2540) W/o C. Muthukumaran, Police Constable-SIGMA, Puducherry residing at NO.07, 2" Middle Street, Kurunchi Nagar, Lawspet, Puducherry. OA No.310/0038 1/2022 12. Thangam(SHWHC 2541), W/o Murugesan Chettiyar, Police Constable- PAP 'D' Coy Puducherry residing at No.175, Villiabnur Main Road, Embalam, Puducherry. 13.8. Usha(SGWHC 2542), W/o Rajendiran(Late), Police Constable -PAP 'D' Coy Puducherry residing at No.J Aruthura Nagar 24 Cross Extn., Goundanpalayam Puducherry. 14.8. Kali(SHWHC-2543) W/o Sivakumar, Police Constable- SIGMA Security, Puducherry residing at No.09 Pillaiyar Koil Street, Kudieruppupalayam, Sellimedu (PO), Bhour, Puducherry. 15.P. Jeyakala (SGWHC 2544), W/o Ponniyamorthi, Police Constable- All Women Police Station, Puducherry residing at No.31, South Street, Soriyankuppam, Puducherry. 16.B. Pushpavathi (SGWHC 2545), W/o Baskaran, Police Constable -D.Nagar Police Station, Puducherry residing at Annai Rani Convent Back Street, Katterikuppam, Puducherry. 17.B. Ranganathan(SGHC 2522), S/o Badmanaban, Police Constable- Photo Section, Puducherry residing at Plot No.83, 6" Cross,Ezhil Nagar, GN. Palayam, Arumparthapuram, Puducherry. By Advocate M/s M. Gnanasekar Vs. OA No,310/00381//2022 .. Applicants 4 OA No.310/00381//2022 1.Union of India rep b y the Secretary to Government, Government of India, Department of Pension and Pensioners Welfare, Lok Nayak Bhavan, Khan Marg, New Delhi. 2The Chief Secretary to Government, Government of Puducherry. Main Building, Chief Secretariat, Puducherry. 3.The Secretary to Government, Government of Puducherry, Department of Personnel & Administrative Reforms, Goubert Avenue, Chief Secretariat, Puducherry. 4.The Under Secretary to Government, Government of Puduch2rry, Department of Personnel & Administrative Refcrms, Goubert Avenue, Chief Secretariat, Puducherry. 5 The Director General of Police, Puducherry. Respondents By Advocate Mr. J. Vasu for R.1 Mr. R. Syed Mustafa for R.2 -5 5 OA No.310/00381//2022 ORAL ORDER
(Pronounced by Hon'ble Mrs. Lata Baswaraj Patne, Member(J)) The applicants have filed this OA seeking the following reliefs:
i) Direct the respondents to bring the applicants under the CCS (Pension) Rules, 1972 and grant all consequential benefits.
ii) | To pass such other or further orders in the interest of justice and thus render justice."
5. The brief facts of the case as submitted by the applicant in nutshell are as under:
All the applicants were appointed as Home Guards on various dates in the Puducherry Home Guards Organisation. They submitted that during the year 2002, 114 Home Guard were called for Physical Test on the basis of absorption 10 the post of Police Constable and 66 Home Guards were selected to undergo medical test and all the 66 were absorbed as Police Constable. By GO Ms 37 dated 02.07.2002, it is clearly stated that those Home Guards who found medically fit shall be absorbed as Police Constable based on the seniority. The applicant were not absorbed in 2002. It is further stated by them that they were selected based on the recruitment Notification dated 08.08.2003 to the post of Police Constable. The absorption was based on the recruitment notification of the year 2003 but were absorbed in 2004. The delay in finalizing the recruitment was 6 OA No.310/00381//2022 due to the fault of the respondents. All the applicants have submitted representation on 25.07.2020 to bring them under the CCS(Pension) Rules in terms of the OM dated 17.02.2020. However, there is no response from the respondents. Being aggrieved, the applicants have filed the present OA for the aforementioned relief.
3, The respondents have entered appearance through their counsel and opposed the relief prayed for by the applicant.
4. In the reply filed by the 1* respondent, it is contended that the OM dated 17.02.2020 was an one time option given to the Central Government employees to be covered under Old Pension Scheme subject to fulfilment of conditions enumerated therein. There was stipulated time lines for exercising option and examination of options under the OM. The time prescribed in these rules have already over and now the provisions of this OM is not available to the employees who do not submit their options in the prescribed time limit. It is also contended that in view of the specific provisions of the Notification dated 22.12.2003 and the amendment Notification dated 30.12.2003, the date of advertisement for the vacancies or the date of examination for selection against those vacancies is not relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension Scheme. The Notification of the Ministry of Finance dated 22.12.2003 has not been challenged in any court of law.
The New Pension Scheme was introduced by the Ministry of Finance is a 7 OA No.310/00381//2022 matter of policy and the Government is entitled to take into account various factors including feasibility of implementation of the policy, its financial implications and availability of resources. Therefore, they pray for dismissal of the OA .
5. Heard the learned counsel on both sides.
6. When the matter is taken up for hearing, learned counsel for the applicant submits that similar issue bas been decided in OA 520/2020 vide its order dated 28.03.2023 and this Tribunal has given a direction to consider the representation submitted by the applicant keeping in mind the latest Department Pension and Pensioners' Welfare OM dt. 03.03.2023 and pass a reasoned and speaking order in accordance with law.
J. The relevant portion of the OM dated 03.03.2023 issued by DP& PW reads as hereunder:
"3. Representations have been received in this Department from the Government servants appointed on or after 01.01.2004 requesting for extending the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 (now 2021) on the ground that their appointment was made against the posts/vacancies advertised/notified for recruitment prior to notification for National Pension System, referring to court judgments of various Hon'ble High Courts and Hon'ble Central Administrative Tribunals allowing such benefits to applicants.
The matter has been examined in consultation with the Department of Financial Services, "oop: 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 1 _ 8 OA No.310/00381//2022 decided that, in ail cases where the Central Government_ Civil employee has been appointed against a post _or_ vyacancy which was _advertised/ notified for_recruitment/ appointment, prior to the date of notification for it:ticnal Pension System i.e 22.12.2003 and is covered under the National Pension System on toinina service on or afer yi.G1.2tic 7, may be aiven a cne-time option to be covered uncer the CCS(Pension) Rutes, 1972 (tow 201)._ Tris <;-ticn may be exercised by the. cance ned Govemnmceit sexvents latest by 23.08... 73."
8. In view of the above, the appiicants are granted Uberty to file fresh comprehensive representation and submit their option form within a period of two weeks from the date of receipt of copy of this order. The respondents are directed to consider the same in accordance with DP&PW OM dt. 03.03.2023 and order passed Ly the Hon'ble Figh Court of Delhi in WP (C)7619/2021 dt.21.11.2022 in ihe matter of Sacya Dev Prajapati and Others Vs Deiiii High Ucurt and pass & seasened end spe-king erder in accordance wich law within a period of four weeks from the date of receipt of such representation. . ' 9, OdAis disposed of No order as to costs.
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