Central Administrative Tribunal - Bangalore
Bheemappa D Illiger vs Department Of Posts on 13 March, 2023
1 OA No.534/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00
NO.170/00534/2022
DATED THIS THE 13th DAY OF MARCH, 2023
HON'BLE MRS. JUSTICE S SUJATHA ...MEMBER(J)
HON'BLE MR.RAKESH KUMAR GUPTA ...MEMBER(A)
Shri Bheemappa D. Illiger,
Age: 53 years,
S/o Durgappa,
Working as Post Man,
Haveri HO 581110,
Residing at: Nehru Nagar,
Naginamatti,
Haveri -581110. .... Applicant
(ByAdvocate
ByAdvocate Shri P.Kamalesan)
Vs.
1. The Union of India,
Through Secretary,
Department of Posts,
Dak Bhavan,
New Delhi
elhi - 110 001.
2. The Chief Postmaster General,
Karnataka Circle,
Bengaluru -560001.
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3. The Postmaster General,
North Karnataka Region,
Dharwad - 580001.
4. The Superintendent of Post Offices,
Haveri Division,
Haveri -58
581110. ...Respondents
(By Advocate Shri N.B.Patil)
O R D E R (ORAL
ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicant has ha filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"(i) Quash the Superintendent of Post Offices, Haveri Dn, Haveri-581110, Haveri letter No.HVR/B1/Misc/Rlgs/2020 HVR/B1/Misc/Rlgs/2020 dated 7-77-2020 vide Annexure-A13 A13 order passed by Respondent No.4.
(ii) Consequently direct the respondents to place the applicant under the provisions of CCS(Pension) Rules, 1972 by giving an option to the applicant.
(iii) Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity."3 OA No.534/2022
2. Briefly stated the facts as narrated by the applicant are that the applicant was w working as GDS and appeared for Limited Departmental Competitive Examination held on 28.07.2002 28.07.2002 for the cadre of Postman /Mail Guard against the vacancies for the year 2002. The results were declared prior to 31.12.2003.. The applicant was appointed on 24.04.2004.
.2004. The applicant placing reliance on the OM dated 17.02.2020 issued by the Government of India, Department of Pension and Pensioners' Welfare, submitted submitted representation dated 20.04.2020 seeking permission to switch over from New Pension System to CCS (Pension) Rules, 1972. The same has been rejected vide communication dated 07.07.2020 (Annexure A13). Being aggrieved, the applicant is before this Tribunal.
3. Learned Counsel Shri P.Kamalesan representing the applicant submitted that the issue involved herein is squarely covered by the order dated 15.02.2023 passed by this Tribu Tribunal nal in OA No.1135/2019.
Accordingly seeks to dispose of this application in terms of the said order.
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4. Learned Counsel Shri N.B.Patil appearing for the respondents justifiedd the action of the respondents. However, failed to substantiate the same in view of the order passed in OA No.1135/2019 referred to supra and the subsequent OM dated 03.03.2023 issued by the Government of India, Department of Pension and Pensioners' Welfare.
5. We have carefully considered the submissions of learned Counsel for the parties and perused the material on record.
6. The issue involved herein, is no more res integra in view of the order passed by this Tribunal in the case of Vishwanath vs. Union of India and others in OA No.1135/2019 dated 15.02.2023, wherein this Tribunal analysing the matter in extenso has come to the conclusion that the declaration of results of the Limited Departmental Competitive Examination held on 28.07.2002 has to be considered as 15.12.2003 2.2003. Hence, it was held that the applicant therein is entitled to the benefits of the OM dated 17.02.2020 issued by the Government of India, Department of Pension and Pensioners' Welfare and permitted the applicant to exercise his option under the OM dated 17.
17.02.2020 to be covered under the CCS (Pension) Rules, 1972, considering the results for recruitment of Postman as declared before 01.01.2004 5 OA No.534/2022 against vacancies occurring occurring on or before 31.12.2003 31.12.2003,, within a period of four weeks from the date of receipt receipt of the certified copy of the said order and on on such option being exercised by the applicant, the respondents were directed to consider the applicant as eligible for pension under the Old Pension Scheme/CCS (Pension) Rules, 1972 1972..
Accordingly, the impugned order denying the benefit of the OM dated 17.02.2020 was set aside.
7. Given the facts and circumstances of the present case, the aforesaid order in OA No.1135/2019 is squarely applicable applicable. The applicant's case is now strengthened by the OM dated 03.03.2023 issued by the Government of India, Department of Pension and Pensioners' Welfare, Welfare the same would come to the assistance of the applicant. The relevant paragraphs paragraphs of the said OM are extracted hereunder for ready reference:
"4. The matter has been exam 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 6 OA No.534/2022 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 one-time option to be covered under the CCS (Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Gove Government servants latest by 31.08.2023.
5. Those Government servants who are eligible to exercise option in accordance with para para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension Syste System.
6. The option once exercised shall be final.
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 fulfils the conditions for coverage under the CCS (Pension) Rules, 1972 (emphasis supplied) 7 OA No.534/2022 (now 2021), in accordance with with these instructions, necessary order in this regard shall be issued latest by 31st October, 2023. The NPS account of such Government servants shall, consequently, be closed w.e.f. 31st December, 2023."
8. In the light of this OM, in all cases where tthe Central Government civil employee has been appointed against the post or vacancy cancy which was advertised/notified for recruitment/appointment prior to the date of notification for National Pension System on 22.12.2003 and is covered under the National Pens Pension ion System on joining service on or after 01.01.2004 has been provided with an opportunity to give one time option to be covered under CCS (Pension) Rules, 1972 (now 2021) latest by 31.08.2023 as discussed above. On analysis of the factual aspects as discussed iscussed above above, the applicant is entitled to the benefit of this OM. Hence the impugned orders are liable to be quashed. Accordingly we pass the following:
ORDER (1) The impugned communication vide letter dated 07.07.2020 issued by the Superintendent of Post Offices, Haveri Division, Haveri Respondent No.4 at Annexure A13 is set aside Haveri, 8 OA No.534/2022 (2) The applicant is at liberty to exercise the option to be covered under the CCS (Pension) Rules, 1972 in terms of OM dated 03.03.2023.
(3) If such an option is exercised by the applicant within the time prescribed under the aforesaid OM i.e., by 31.08.2023, the respondents shall consider the same in accordance with law and extend the benefits accordingly.
In the result, OA stands disposed of in terms of above. No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S.SUJATHA)
MEMBER(A) MEMBER(J)
sd.
9 OA No.534/2022