Central Administrative Tribunal - Madras
P Ramaligam vs Ut Of Pondicherry on 9 June, 2023
t OA No.310/00071//2021 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00071/2021 Dated Friday the 9" day of June, Two Thousand Twenty Three CORAM: HON'BLE MRS. LATA BASWARAJ PATNE, Member (J) 1.P. Ramalingam, S/o Perumal, MTS(General), Establishment Wing, Chief Secretariat, Puducherry. | 2. P. Boopalan, S/o Perumal, MTS (Driver),Labour Department,Puducherry. 3.E. Natarajan, S/o Erisappan, MTS(Telephone Operator), Chief Secretariat, Puducherry. 4, Manivannan, S/o Rangasamy MTS(Security), C.H.C., Mannadipet, Puducherry. 5.R. Dharmasivam, S/o Ramalingam MTS(General),High School, Pilliarkuppam, Villianur, Puducherry. 6.T. Dhavamani, S/o Thangavel, MTS(General), Chief Secretariat, Puducherry. By Advocate M/s V. Ajaya Kumar Ys. Union of India rep by the Govt of Puducherry through the Secretary to Govt for DP&AR, Chief Secretariat, Puducherry. By Advocate Mr. R. Syed Mustafa . Applicants .. Respondent 2 OA No.310/00071//2021 ORAL ORDER
(Pronounced by Hon'ble Mrs. Lata Baswaraj Patne, Member(J)) By this OA,the applicants are seeking the following reliefs:
"To call for the records of the respondent in respect of order with No.F.12011/1/2020/DPAR/GC/U.IV dated 15.09.2020 and to quash the same and consequently to direct the respondent to bring the applicants under the Old Pension and G.P.F. Scheme and to pass such other or further orders in the interest of justice and thus render justice."
2. The brief facts of the case as submitted by the applicant in nutshell are as under:, All the applicants are working as Multi-Tasking Staff(MTS) ad are coming under the control of the Department of Personnel and Administrative Reforms. The applicants joined as Part-time employees in 1988, 1989 and they were converted into Daily wages category on different dates in 2000 and 2001. Though a decision has been taken to bring the applicants to the regular Establishment in January 2003 itself, regularisation order came to be issued only on 22.02.20024. Hence, respondent has taken a decision to treat the applicants as fresh entrants and were placed under the New Pension Scheme and E.P-F. Scheme which is highly unfortunate. The applicants further submit that the respondent has to treat the applicants as already in service prior to 01.01.2004 or the date on which the vacancies were identified by the respondent since the 3 OA No.310/00071//2021 process of regularising the services of the applicants was taken by the respondent in Jahuary,2003 itself whereas the order was issued only on 22.02.2004. The applicants also relied on the Government of India, Department of Pension and Pensioners Welfare OM dated 17.02.2020. -
which was adopted by the Government of Puducherry through an order dated 23.03.2020 for benefit of Old Pension Scheme. The individual representations made by the applicants have been rejected by the impugned order dated 15.09.2020. Hence this OA.
3. When the matter is taken up for hearing, learned counsel for the applicants submits that similar issue has been decided in OA 5320/2020 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,
4. 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,
i) 4 OA No.310/00071//2021 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. Per contra, Mr, R.Syed Mustafa who entered appearance on behalf of the respondent contended that the applicants in the OA are absorbed against their daily rated service. Hence, the DoPT OM dt. 03.03 2023 is not applicable.
6. Heard the learned counsel on both sides.
7. It is to be noted that as per submission made by learned counsel for respondent, the applicants were recruited against the direct recruit vacancies. However, they have been absorbed against the vacancy pertains prior to 2004. In view of the same, the issue involved in this OA is no more res integra and squarely covered by the OM dated 03.03.2023 .
8. In view of the above, the applicants are granted liberty to file.a fresh comprehensive representation and submit their option form within a period of two weeks from the date of receipt of copy of this order. On receipt of ~ + 5 OA No.310/00071//2021 such representations, the respondents are directed to consider the same in accordance with DP&PW OM dated 03.03.2023 and also the order passed by the Hon'ble High Court of Delhi in WP (C)7619/2021 dated 21.11.2022 in the matter of Satya Dev Prajapati and Others Vs Delhi High Court and pass a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt of such representation.
8. OA is disposed of as above. No order as to costs.
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