Central Administrative Tribunal - Delhi
Nagendra Kumar vs Govt. Of Nctd on 2 August, 2023
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Item No.7/ C-6 OA No. 1854/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 1854/2021
This is the 02nd Day of August, 2023
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Nagendra Kumar, Vice Principal,
Aged About 53 Years,
Employee ID-20050629
S/o Shri OmsinghTomar R/o Gate No.4
Ch. Charan Singh Vihar Binauli Road, Baraut,
Baghpat U.P-250611
Initial Post - PGT (English)
Employee ID 20050194 Aged About 44 years,
2. Parveen Kumar Chouhan, Vice Principal,
R/o H No.1021 Tigipur Road Bakahtawarpur
S/o Shri Raj Singh
Delhi
Initial Post - PGT (Math)
3. Manoj Kumar, Vice Principal,
Employee ID-20050245
Aged About 47 years S/o Shri Hukam Chand
R/o H No. 106, VPO-Rithala, Initial Post PGT (Pol. Sc.)
New Delhi-110085
4. Sunil Kumar, TGT (Social Science),
S/o Hari Singh
Employee ID-20170943 Aged About 41 Years,
R/o 671, KheraKhurd, New Delhi-110082
5. Shashi Bhushan, TGT (Social Science),
Employee ID-20040826 Aged About 47 Years, S/o
Shri Raghunath Prasad R/o D-8/51 East Gokal Pur,
New Delhi-110094
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Item No.7/ C-6 OA No. 1854/2021
6. Chander Shekhar Singh, TGT (Social Science
Employee ID-20050239
Aged About 44 Years,
S/o Shri Hari Singh R/o B.172,Gali No.6,
Delhi-110053
Subhash Vihar, North Ghonda
Employee ID-20060412
7. Govind Singh, PGT (History) R/o A3/357 East
Gokalpur, New Delhi-110094
Aged About 49 Years, S/o Shri Abhay Ram
8. Chandlal, TGT (Social Science),
S/o ShriRamsaroop
Employee ID- 20040934 Aged About 46 Years,
R/o GH 1/74 Sector 28, Rohini, Delhi-110042
9. Manju, TGT (Maths), Employee ID-20050275
Aged About 45 Years, W/o Shri Sandeep Kumar R/o
B-38 MIG DDA Flats, KalyanVihar
New Delhi-110009
10. Vijay Pal, TGT (Maths),
Employee ID-20040462 Aged About 48 Years,
S/o Shri Dharampal
R/0236, Dheerpur Village, near Nirankari colony,
Delhi-110009
11. Anurag Kumar Mishra, TGT (Sanskrit Employee
ID- 20040937 R/o 420/32 ST No.6 Block C Laxmi
Vihar, Burari
Aged About 44 Years, S/o Shri Siddh Gopal Mishra
Delhi-110084
12. Mritunjay Kumar Pathak, PGT (Geography),
Employee ID- 20171696 Aged About 45 Years,
R/o D-4 Balaji Apartment 41 Feet Road, Sant Nagar
S/o Shri Nagnath Pathak Burari, Delhi-110084 Initial
Post - Asstt, Teacher (Primary)
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Item No.7/ C-6 OA No. 1854/2021
13. Baljit Singh, Asstt. Teacher (Primary),
Employee ID- 20060298 Aged About 55 Years,
S/o Sh.Natha Singh
R/o 324, B/12, Tilak Nagar, Near Hotel Sky Hawk,
Rohtak, Haryana - 124001. Initial post- Asstt. Teacher
(Primary)
14. Jai Prakash, TGT English,
Employee ID-20060319 Aged About 58 Years,
S/o Shri Chander Singh
R/o 2074, Sector 2, HUDA Rohtak, Haryana 124001.
Employee ID- 20060326
15. Silak Ram, TGT, Asstt. Teacher (Primary), S/o
Shri Devi Singh R/o V & P. O. Ismaila 11 B,
Aged About 57 Years,
Distt.- Rohtak, Haryana 124501
16. Jagvinder Singh,TGT Math,
Employee ID- 20060296
Aged About 58 Years, Najafgarh, New Delhi - 110043.
S/o Shri Nafe Singh
R/o Village AsalatPurkhawad, P. O. Daulatpur,
17. Dinesh Chandra Tiwari, TGT English,
Employee ID-20050844 Aged About 41 Years
S/o Shri Ganga Dutt Tiwari
R/o 1247, Pocket GH- 4, Sector - 28, Rohini,
New Delhi-110042
18. Jagbir Singh, Asstt. Teacher (Primary),
Aged About 57 Years, S/o Shri Mauji Ram
Employee ID-20060321
R/o 1577/21, Sheet! Nagar, Rohtak, Haryana -
124001.
19. Rakesh, Asstt. TGT Social Sc.,
Employee ID-20050032 Aged About 50 Years
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Item No.7/ C-6 OA No. 1854/2021
S/o Shri Mahender Singh
R/o 46, V& P. O. Garhi Sampla, Rohtak, Haryana
20. Suman, Asstt. Teacher (Primary),
Employee ID-20040503 Aged About 49 Years
D/o Shri Sube Singh
R/o 1716, Sector-6, Bahadurgarh, Haryana - 124507
21. Neelu Choudhary, Asstt. Teacher (Primary),
Employee ID-20040464 Aged About 51 Years,
W/o Shri Raj Singh
R/o 180, Gall no. 6, Ashok Mohalla Nangloi,
New Delhi - 110041,
22. Savita Kumari, Asstt. Teacher (Primary),
Employee 20050585 Aged About 51 Years,
W/o Shri Ajit Singh
R/o 8/128, Sant colony, Bhadurgarh,
Haryana - 124507
23. Sudhir Chopra, TGT, English,
Employee ID-20091221
Aged About 40 Years, S/o Shri Ashok Chopra
R/o C-82 Kalkaji, New Delhi - 110019.
24. Sanjay Kumar, TGT Social Sc.,
Employee ID-20050658
Aged About 47 Years,
S/o Shri Triveni Prasad
R/o Flat No.105, Plot No. 21-B, T-Extension Jain
Colony Part No. 2,
Uttam Nagar, Delhi-110059
25. Atit Saini, Vice Principal,
Employee ID-20073219 Aged About44 Years,
S/o Shri Brij Mohan Saini
R/o C-103, Lal Bagh Loni, Ghaziabad U.P.-201102
26. Vijay Kumar Sharma, TGT Natural Sc.,
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Item No.7/ C-6 OA No. 1854/2021
Employee ID- 20040666
Aged About 42 Years,
S/o Shri Nandkishor Sharma
R/o 304, Type -3, D A Flats, Shalimar Bagh,
New Delhi - 110088.
27. Aruna Devi, TGT English,
Employee ID-20050606 Aged About 43 Years, W/o
Shri Rajpal
R/o Gall no.5 Shakti Nagar,
Bahadurgarh, Haryana
28. Urmila Mathur, TGT Sanskrit,
Employee ID-20050375 Aged About 54 Years,
W/o Shri Rattan Singh
R/O WZ - 163, Village Dasghara, P O. Pusa, New
Delhi 110012
29. Pradeep Kumar Kaushik, TGT Mathematics,
Employee ID-20050669 S/o Shri S C Kaushik R/o
335/26, Onkar Nagar b, Tri Nagar,
Aged About 45Years,
New Delhi-110035
30. Promila Devi, Asstt. Teacher (Primary),
Employee ID-20050632 Aged About 50 Years,
W/o Devender Singh
R/o 352, Sector-6, Bhadurgarh, Haryana-
31. Jaibir Singh, TGT,Hindi,
Employee ID- 20040577
Aged About 48 Years S/o Shri Balwan Singh R/o V &
P. O. Saman,Tehsil -Meham, Rohtak, Haryana
32. Uma Shankar Pandey, TGT Natural Sc.,.
Employee ID-20040739 Aged About 47 Years,
S/o Shri Dudheshwar Pandey
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Item No.7/ C-6 OA No. 1854/2021
R/o A-1/84, Birla Farm, Chattarpur Extention, New
Delhi-110074.
33. Bhoopendra Kumar, TGT (Social Sc.),
Employee ID- 20060302 Aged About51 Years,
S/o Shri Ramvir Singh
R/o D- 236 A Ganga Vihar, Near Ramlila Ground,
New Delhi - 110094
34. Deepak Kumar, TGT Social Sc.,
Employee ID-20040967
Aged About 44 Years,
S/o Shri Dal Singh
R/o D A 1301, GulabiBagh, New Delhi
35. Mahesh Kumar Kanwa, TGT (Natural Science)
Employee ID- 20060511
Aged About 45 Years,
S/o Shri Arjun Lalkanwa
R/o A-213, D A Staff Quarters Type -3, Shalimar
Bagh, New Delhi - 110088.
36. Alka, Assistant Teacher Employee ID-20060367
Aged About 42 Years,
W/o Shri TejpalSahrawat
R/o 105, V & P O Ranikhera, Delhi - 110081
37. Mukesh Kumar, TGT, Mathematics
Employee ID-20060305 Aged About 59 Years,
Parsvnath Paradise, Mohan Nagar,
Ghaziabad,U.P. -201007
S/o Shri Mahesh Chand
R/O A-121, First Floor, JP enclave,
38. Tarun Kumar, TGT Sanskrit
Employee ID-20040552
Aged About 39 Years,
S/o Shri Ramkishan
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Item No.7/ C-6 OA No. 1854/2021
R/o G-446/20, Flat no. 5,
Behind Bhim Singh Complex
Tajpur Pahari Road, Badarpur,
New Delhi-110044
39. Prem Bahadur Singh, PGT, Pol. Sc.
Employee ID-20081563
Aged About 51 Years,
S/o ShriSubedar Singh
R/o 510-B, Tower -10, Gulmohar Greens,
Mohan Nagar, Ghaziabd, U.P. -201007
40. Manoj Kumar, PGT, Biology
Employee ID-20171276
Aged About 49 Years,
S/o Shri Ganga Prasad
R/o 146 A, Gall no. 13, Balbir Nagar extension,
Shahdara, Delhi - 110032
41. Arun Kumar Mishra,
Employee ID-20040612
S/o Shri Ram Yagya Mishra
R/o A-12, UG-1, DilshadColony,
Delhi- 110095
Aged About 41 Years,
42. Sanjay Kumar Singh, TGT Sanskrit
Employee ID-20040669
Aged About 43Years,
S/o Shri Rama Shanker Singh
R/o B 63, UG2/F2, DLF, Dilsad Extension 2,
Bhopura, Shaibabad Ghaziabad- 201005
43. Sandeep Kumar, PGT (Hindi)
Employee ID-20182158
Aged About 40 Years,
S/o Shri Babulal Street no. 13, Uttam Nagar, New
Delhi 110059
R/o A-12, Bharat Vihar,
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Item No.7/ C-6 OA No. 1854/2021
44. Lalit Kumar Jha, TGT Sanskrit
Aged About 46 Years, S/o Shri RaghubirJha
Employee ID-20040726
R/o 1043/d-13, ward no. - 8, Khushi apartment, first
floor, Mehrauli,
New Delhi-110030
45. Deepak Kumar, PGT (MATH)
Employee ID-20191457
Aged About 41Years,
S/o Shri Narayan Dutt Sharma
R/o 28,Parivar Appartment, IP Extension,
Delhi-110092
46. Anil Kumar Mishra,
Employee ID-20040531
Aged About 45 Years, R/o B-15,
GulabBagh, Nawada,
Near Nawada metro station
W/o Shri Ramawatar Mishra
Uttam Nagar, New Delhi-110059
47. Anand Kumar, TGT (Natural Science)
Employee ID-20050017 Aged About 48 Years,
S/o ShriChhotu Ram
R/o 56, Gall no. 1, Sanjay Colony Saboli Road,
Narela, New Delhi - 110040
48. Jai Prakash Sharma, PGT (Geography)
Employee ID-20050451
Aged About 48 Years,
S/o Shri DashrathLal Sharma
R/o 296, g BLOCK, Gali no - 11,
Prem Nagar Najafgarh,
New Delhi-110043
Initial post- TGT (Natural Science)
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Item No.7/ C-6 OA No. 1854/2021
49. Raj Kumar
Employee ID-20060435
Aged About 41 Years,
S/o Shri Vijai Pal Singh Meethapur extension,
Badarpur, New Delhi - 110044
R/o A-473, Gali no. 8,
50. Jal Singh Jatav
Employee ID-20060611 Aged About 49 Years,
S/o Shri RamFal
R/o A-78, Gall no. 4, Shakti Vihar,
Meethapur, Badarpur, New Delhi-110044
51. Dr. Pankaj Yadav
Employee ID-20072960 R/o 38,
III rd floor, Pocket-21,
Aged About 40 Years,
S/o Shri Krishna Kumar Yadav
Sector-24, Rohini, New Delhi-110085.
52. Pramod Kumar
Employee ID-20060096
Aged About Years,
S/o Sh. Karan Singh, Uttam Nagar,
New Delhi-110059
R/o RZA-06, Old Jankipuri,
53. Saleem Ahmad,
Employee ID- 20040927
R/o H. No. 313, Gali No. 17,
Aged About 47 years,
S/o Sh. Abdul Shakoor,
Jafrabad, Delhi-110053
...Applicants
(By Advocate : Ms. Priyanka Bhardwaj)
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Item No.7/ C-6 OA No. 1854/2021
Versus
Govt. of NCT of Delhi &Ors. through
1. The Chief Secretary
Govt. of NCT of Delhi
Delhi Secretariat,
1.P. Estate, New Delhi.
2. The Principal Secretary (Services)
Govt. of NCT of Delhi
Delhi Secretariat, I.P. Estate,
New Delhi.
3. Directorate of Education, through its Director,
Govt. of NCT of Delhi,
Old Secretariat, Delhi.
4. The Chairman (DSSSB),
FC-18, Institutional Area,
Karkardooma, Delhi..
...Respondents
(By Advocate: Mr. Rohit Sehrawat for Mr. Saurabh
Chadda for R- 1 to 3
Mr. Anuj Kr. Sharma for Mr. Sameera Sharma for R-
4)
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Item No.7/ C-6 OA No. 1854/2021
ORDER (ORAL)
The applicants have filed the present OA under Section 19 of the Administrative Tribunals Act 1985, seeking the following reliefs:-
"(a) To direct the respondents to regulate the Pension of applicants under Old Pension Scheme governed Under CCS INTERIM (Pension) Rules 1972 and not under New Pension Scheme made effective from 01.01.2004.
(b) To declare the action of respondents in not governing the applicants case under Old Pension Scheme as illegal and arbitrary and direct the respondents to apply Old Pension Scheme in case of applicants as per the law laid down by Hon'ble High Court of Delhi in the judgments mentioned in the OA.
(c) To direct the respondents to governed the pensionary benefits of applicants under old GPF Pension Scheme as per CCS (Pension) Rules, 1972 with all consequential benefits.
(d) To allow the OA with cost.
(e) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case."
2. The applicants are seeking benefit of Old Pension Scheme (OPS) as per the decision of the Hon'ble Delhi High Court in Judgment dated 15.01.2021 in WP No. 8208/2020. The brief facts of the case are that the Respondent No. 4, i.e. DSSSB issued an advertisement No. 12 Item No.7/ C-6 OA No. 1854/2021 03/2003 on 04.10.2003 for recruitment of various posts including LDC/Stenographer/Assistant Teachers(Primary), TGT & PGT etc. After completion of the recruitment process, they were offered the appointment letters in the year 2004 and they joined in GNCT of Delhi on or after 01.01.2004.
3. The Govt. of NCTD vide their memorandum dated 19.07.2006 adopted the New Pension Scheme w.e.f. 22.12.2003, which was exactly the scheme adopted by Govt. of India, Ministry of Finance, which was made applicable to the employees of GNCT of Delhi. The applicants started contributing to CCF from their date of appointment. After the applicants came to know about the Hon'ble Delhi High Court judgment dated 15.01.2021 in aforementioned Writ Petition they made representation and/or submitted legal notice to the respondents in the year 2020. In one of the cases, the respondents vide their letter dated 01.01.2021 rejected the claim of the applicants. Other applicants feel that their representations would face similar rejection. Being aggrieved the applicants have filed the present OA.
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Item No.7/ C-6 OA No. 1854/2021
4. During the arguments, at this stage, learned counsel for applicants stated that in the meanwhile, Govt. of India, (DOP&T) has come out with an OM No. 57/05/2021- P&PW(B) dated 03.03.2023, wherein in para 4 the following has been stated.
"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 employee 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. Learned counsel for the applicants submits that in the aforesaid OM the employees have been given option to migrate them in old pension scheme by 31.08.2023. Learned counsels for the respondents admitted to the fact that this OM has been issued.
6. In view of above, the applicants are directed to furnish their option by 31.08.2023 as mentioned in the aforementioned OM dated 03.03.2023. The respondents 14 Item No.7/ C-6 OA No. 1854/2021 are directed to consider the case of the present applicants for migration to Old Pension Scheme, as per Rules.
7. The OA is disposed of in view of the above terms. No costs.
(Dr. Chhabilendra Roul) Member (A) /daya/