Central Administrative Tribunal - Delhi
Sachin Kumar vs Department Of Defence Production on 9 May, 2025
1
O.A. No. 985/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No. 985/2024
Reserved on: 06.05.2025
Pronounced on: 09.05.2025
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER (J)
1. Shri Sachin Kumar, Aged 41 years,
s/o Shri Siyanand Tyagi,
Working as JWM (Tech), Group-B,
R/o H.No.621, Radhey Shyam Vihar, Phase-5,
Murad Nagar (U.P.).
2. Shri Krishan Kumar Shrivastav, Aged 44 years,
s/o Sh. Om Prakash Shrivastav,
Working as Steel Melter (MCM), Group-B,
R/o H.No.228, Radhey Shyam Vihar,
Murad Nagar (U.P.).
3. Shri Ravindra Kumar, Aged 44 years,
s/o Sh. Beer Singh,
Working as Chargeman (Tech), Group-B,
R/o II/DS/142, OFM Estate,
Murad Nagar (U.P.).
4. Shri Bhupendra Singh, Aged 44 years,
s/o Shri Som Prakash,
Working as Turner (HS-I), Group-B,
R/o New Type I/46/529, OFM Estate,
Murad Nagar, U.P.
5. Shri Jitendra Singh Siddharth, Aged 49 years,
s/o Sh. Bhup Singh,
Working as Turner (MCM), Group-B,
R/o Q/151, OFM Estate,
Murad Nagar (U.P.).
6. Shri Vikas Choudhary, Aged 41 years,
s/o Shri Kuljeet Singh,
Working as Turner (HS-I), Group-B,
R/o H.No. B/33, Lakshmi Enclave,
Behind CSHP Public School,
Bus Stand, Murad Nagar (U.P.).
7. Shri Surendra Pal, Aged 46 years,
s/o Shri Bidha Singh,
Working as Chargeman (Tech), Group-B,
R/o H.No.740, Radhey Shyam Vihar,
Murad Nagar, (U.P.).
...Applicants
2
O.A. No. 985/2024
Versus
1. Union of India through the Secretary,
Department of Defence Production,
Ministry of Defence, South Block, New Delhi.
2. The Director General Ordnance (DGO)/(C&S),
Directorate of Ordnance (C&S),
10A, S.K. Bose Road, Kolkata-700 001.
3. The Deputy Director General,
Directorate of Ordnance (C&S),
Dehradun Field Unit, OFIL Campus,
Raipur, Dehradun-248008.
4. The General Manager,
Ordnance Factory,
Murad Nagar - 201 206 (U.P.)
...Respondents
For Applicants: Mr. Manjeet Singh Reen, Advocate.
For Respondents: Mr. Anil Kumar Singh, Senior Panel Counsel,
ORDER
AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:
Issue in the present O.A. arises whether applicants are covered by statutory Old Pension Scheme which was replaced by new Contributory Scheme came into effect from 1st January, 2004?
2. Applicants are Tradesmen (Semi-skilled) have filed the present O.A. under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to respondents to consider applicants eligible to get benefits under erstwhile Central Civil Services (Pension) Rules, 1972 (now Rules 2021) with all consequential benefits and to allow applicants to switch-over to GPF-cum-statutory Pension Scheme and complete said exercise in time bound manner.
Facts in Brief
3. The Briefly stated facts, as adumbrated by the applicant in nutshell that the applicants received training under the Apprentices Act, 1961 at Ordnance Factory, Murad Nagar from 20.09.2000 to 19.09.2002, 06.10.1998 to 05.10.2000, 20.09.2000 to 19.09.2002, 10.01.2001 to 09.01.2002, 05.01.2000 to 04.01.2001, 04.10.1999 to 03.10.2002, 14.03.2001 to 13.03.2002 respectively in different 3 O.A. No. 985/2024 trades. The notification dated 15/20.10.1999 was issued for recruitment to ex-trade apprentices in Ordnance Factories to maintain seniority list of ex-trade apprentices of their own factory. The apprentices trained in the earlier batch will be en-bloc senior to apprentices of subsequent batches. The factories are permitted to make induction, in case vacancies arise by direct induction from ex- trade apprentices of their own factory based on selection process on fitness-cum-seniority and trade test will be conducted to ascertain fitness for job and selection will be strictly as per seniority.
4. The Department of Defence Production and Supplies, Govt. of India, Ministry of Defence released vide O.M. dated 20.05.2003 vacancies in different trade and grade of Industrial Cadre of erstwhile OFB organization for direct recruitment for year 2003-2004, for Group 'C', 1445 vacancies released for OFB.
5. The Chairman/OFB sanctioned induction of Industrial Employees-35, Semi-skilled through direct recruitment to G.M. Ordnance Factory, Muradnagar ( in short OFM) vide Notification No.800/Manpower/2000-2001/A/I dated 10.07.2003 (Annexure A-4 page 63-64 of the OA) and directed to induct to grade-wise sanction strength and necessary proposal for revision of the grade- wise strength may be sent to OFB.
6. The respondent no.4, sent communication dated 26.08.2003, in reference to OFB letter No.800/manpower/2000-2001/A/I dated 10.07.2003 for induction of 35 Semi-skilled Industrial Employees through direct recruitment and requested for approval trade-wise based on functional requirement. The OFB, Kolkata, has approved trade-wise sanction vide notification dated 04.09.2003 (Annexure A-6, page no.66 of the OA) and directed to take recruitment action pursuant to manpower sanction for direct recruitment of Industrial Employees - 35 - Semi-skilled. Even revised allocation of posts was sent on 04.12.2003 and again revised trades approved vide corrigendum Order dated 07.01.2004, corrigendum was issued to trade-wise approval vide letter dated 04.12.2003. Pursuant to publication dated 22-28 November, 2023 issued for physically handicapped vacancies, selection was finalized on 18.01.2025 and 4 O.A. No. 985/2024 one of such physically handicapped was inducted under Old pension Scheme, statutory scheme.
7. The respondents held selection process and trade test between 15.03.2004 to 17.03.2004 and selection list (Annexure A-
11) was issued. Applicants were selected based on fitness-cum- seniority being ex-trade apprentices and no advertisement issued. The applicants were selected against sanction of 35 vacancies for direct recruitment vide notification dated 10.07.2003 but joined between 27.04.2004 to 09.11.2004 as stated in para 4.15 of the OA. The respondents have not considered option for induction to GPF- cum-statutory old pension scheme, whereas in case of physically handicapped person selected on 18.01.2005 was allowed to be inducted to GPF-cum-Old Pension Scheme.
8. The Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Pensioners' Welfare issued O.M. dated 3rd March, 2023 for coverage under Central Civil Services (Pension) Rules in place of NPS of those Central Govt. employees who are recruited against the vacancy posts advertized/notified for recruitment on or before 22.12.2003. Applicants submitted option for OPS but the respondents have not inducted the applicants under GPF-cum-OPS Scheme whereas Ordnance Factory, Raipur, Dehradun accepted one time option as per OM dated 03.03.2023 and inducted similarly placed employees under OPS. So is the case of present applicants, selected and appointed pursuant to posts/vacancies notified vide manpower sanction of Industrial Employees - 35 - Semi-skilled as per trade-wise strength dated 10.07.2003 (Annexure A-4). Applicants are fully eligible for induction to Old Pension Scheme under CCS (Pension) Rules pursuant to OM dated 03.03.2023 as all applicants have been recruited pursuant to 35 posts/vacancies released vide notification dated 10.07.2003.
9. Per contra, Respondents have contested the claim of the applicant by filing the counter reply affidavit and stating that Directorate of Ordnance, Coordination and Services, Kolkata (erstwhile OFB) vie letter No.800/Manpower/2000-2001/A-I dated 10th July, 2003 sanctioned 35 Semi-skilled Industrial Employees 5 O.A. No. 985/2024 posts for Ordnance Factory, Muradnagar given by the competent authority-Chairman, through direct recruitment. The trade-wise proposal was approved on 04.09.2003 as per letter dated 10.07.2003 and backlog vacancies to be adjusted against sanctioned posts and for five posts for physically handicapped, public notice was published in Employment News dated 22-28 November, 2023. OFM Vide letter dated 04.12.2003 requested for approval to fill up 35 posts in accordance with seniority-cum-fitness and five posts for PH candidates already advertised. Directorate (erstwhile OFB) approved alternate proposal to fill 35 posts of Semi- skilled. The notification/intimation placed on board on 23.03.2004 and for these seven applicants trade test/interview held between 16.03.2004 to 17.03.2004 at the Factory level and call letters were sent on 23.02.2004. The applicants joined between 27.04.2004 to 09.11.2004 as stated in para 9 of the reply.
10. Respondents further averred in the written statement that OM dated 03.03.2023 issued by Ministry of Personnel, Public Grievances and pension that in all cases where Central Govt. Civil employees have been appointed against a post or vacancy which was advertized/notified for recruitment/appointment prior to the date of notification for NPS i.e. 22.12.2003 and is covered under NPS on joining on or after 01.01.2004, may be given a One-time option to be covered under CCS (Pension) Rules, 1972 (now 2021). The above applicants submitted One-time option to be covered under CCS (Pension) Rules, 1972 (now 2021).
11. In the case of applicants - ex-trade apprentices of OFM called for trade test/interview to be held on 15.03.2004 vide Notice dated 23.02.2004 placed on Notice Board also sent by registered post to applicants.
12. The manpower sanction dated 26.08.2003 is wrongly interpreted, in fact sanction letter dated 26.08.2003 for the manpower granted by erstwhile OFB to OFM on basis of which OF Muradnagar undertook further action to appoint the suitable ex- trade apprentices against sanctioned posts and trade test held on 15.03.2004. The applicants were not appointed on or before 22.12.2003 and recruited based on notification dated 23.02.2004 6 O.A. No. 985/2024 put-up on the notice board, call letters posted on 23.02.2004. The applicants were appointed after 22.12.2003, hence not entitled for OPS and selection process initiated after 07.01.2004 after final approval from erstwhile OFB and alternate proposal approved on 07.01.2004 for 35 posts.
13. Rejoinder has been filed by the applicants stating that on 20.05.2003, respondent no.1 released vacancies in different trades in Industrial Cadre of erstwhile OFB organization and the competent authority vide notification dated 10.07.2003 sanctioned 35-semi- skilled Industrial Employees posts through direct recruitment to Ordnance Factory, Muradnagar as per trade-wise. The respondent no.1 is the recruiting agency based on criteria of fitness-cum- seniority of ex-trade apprentices, direct recruitment initiated on 10.07.2003. The notification dated 10.07.2003, sanction of manpower - 35 - semi-skilled posts for OFM initiated/notified prior to introduction of NPS i.e. 22.11.2003. In pursuant to notification dated 10.07.2003, trade-wise sanction revision was approved by erstwhile OFB vide letter dated 04.09.2003.
14. Applicants have also averred in the rejoinder that pursuant to notification dated 20.05.2003 issued by Ministry of Defence, vacancies were released in various trades of Industrial Cadre of erstwhile OFB for direct recruitment for year 2003-2004. In furtherance of notification dated 20.05.2003, respondent no.2, erstwhile OFB, issued sanction letter dated 10.07.2003 (Annexure A-4) for direct recruitment of 35-semi-skilled employees in OFM and trade-wise approval granted on 04.09.2003 and there is no change in revision of trade-wise vacancy position in revised approval dated 04.12.2003. Applicant nos. 1, 2 & 3 were recruited as Melter and applicant nos. 4 to 7 were recruited as Turner. The letter dated 07.01.2004 is a corrigendum and sanction letter dated 04.09.2003 is relevant letter so far as revision of trade-wise vacancies are concerned.
15. Applicants further stated in the rejoinder that Ordnance Factory, Chandigarh and OF Dehradun vide letters dated 26.02.2024 and 21.02.2024 respectively clarified that the vacancies sanctioned date was placed on notice board prior to 22.12.2003 i.e. 7 O.A. No. 985/2024 NPS. The sister Factories, Chandigarh and Dehradun considered date of sanction letter dated 20.10.2003 and 02.09.2003 for OPS whereas in case of applicants i.e. 10.07.2003 - not being considered for OPS, the same is illegal and arbitrary.
16. It is also stated by the applicants that out of 35 semi-skilled posts, five reserved for PH category and call letters were issued after 22.12.2003 even then due to notification dated 10.07.2003, they were granted OPS and applicants are also similarly placed. There is no criteria for issue of advertisement and vacancies sanctioned on 10.07.2003, revision of trade-wise vacancies approved on 04.09.2003 and called for trade-test between 16.03.2004 and 17.03.2004. OF Dehradun and Muradnagar are field units of Dehradun and in OFD call letters were issued on 22.12.2003 and OFC but inducted in OPS based on initial date of sanction of vacancies i.e. 20.10.2003 and 02.09.2003 respectively. Hence, like other factories, in present case notification dated 10.07.2003, sanction of manpower for direct recruitment as ex-trade apprentices is relevant date for notification and all applicants are entitled for OPS.
SUBMISSIONS
17. The learned counsel for the applicant contended and can be summarized as under-
(i) That the applicants complete the Trade Apprentices Training and vide OFB notification dated 10.07.2003 sanction of 35 semi- skilled employees posts in the OFM and the date of sanction of posts for direct recruitment of OFM is the relevant date for consideration for eligibility for Gratuity-cum-OPS Scheme.
(ii) The respondent No. 04 in pursuance of notification dated 10.07.2003 has sought approval for revision of Trade-wise vacancies and the same is pursuant to notification dated 10.07.2003 and same was granted on 04.09.2003 (Annexure A-6) and subsequent approval on 07.01.2004 which is a corrigendum letter of earlier sanction of revised allocation of posts i.e. 14.12.2003. The date of initial notification dated 10.07.2003 is the relevant date for initiation of recruitment in case of ex-Trade Apprentices/applicants 8 O.A. No. 985/2024 and as per the OM dated 03.03.2023 and clarification of respondents dated 10.04.2023, the applicants are entitled for induction to GPF-cum-OPS Scheme.
(iii) The 35 posts of Semi-Skilled (IES) were notified for recruitment on 10.07.2003 prior to 22.12.2003 and the subsequent break up of categories and modification of number of vacancies were process of recruitment and initial sanction date 10.07.2003 is the relevant date. The applicant's case is squarely covered under para 4 of the DOPT OM dated 03.03.2023.
(iv) The respondents have already considered the case of the similarly placed employees working at OF Chandigarh, Raipur and the initial dated of sanction of man-power for recruitment has been considered as the cut-off date for induction to GPF-cum-OPS Scheme.
(v) The respondent No. 02 has extended the benefit of OPS Scheme to other employees who were appointed pursuant to sanction order dated 02.09.2003 and they have joined later on at OF Chandigarh. So also, in the case of OF Dehradun pursuant to letter dated 20.10.2003, 20 semi-skilled IEs were granted and employees joined after 01.01.2004 and all these similarly placed have been inducted to OPS Scheme. The respondents are discriminating the applicants whereas similarly placed Trade Apprentices appointed after 01.01.2004 have been inducted to OPS Scheme based on initial notification for sanction of posts for direct recruitment.
(vi) The respondents have inducted Physically Handicapped from the 35 semi-skilled pursuant to notification dated 10.07.2003 and the applicants were appointed from the same notification dated 10.07.2003 and have legal vested right for similar treatment.
(vii) The respondents have issued clarification dated 10.04.2023 based on Hon'ble Supreme Court judgment in the case of J & K Public Service Commission Vs. Dr. Narinder Mohan, (1994) 2 SCC 630 and in the case of Rakesh Bhardwaj S/o Late Satyadev Vs. State of U.P. through Principal, wherein Hon'ble Allahabad 9 O.A. No. 985/2024 High Court has held that date of regularization should be the date when the vacancies were notified to the recruitment agency.
18. The learned counsel for the respondents argued and can be summarized as under-
(i) The process of advertisement to the vacancies did not start prior to 22.12.2003 and the same has started after 22.12.2003.The applicant who were ex-Trade Apprentices of OFM were called for interview vide notification dated 23.02.2004 and Trade Test was held after 01.01.2004 and the applicants have admittedly joined after 01.01.2004 and are not entitled for induction to the OPS Scheme.
(ii) The applicant are erroneously interpreting the OM dated 03.03.2023, whereas the erstwhile OFB has approved alternate proposals to revised Trade-Wise vacancies on 07.01.2004 and after 07.01.2004 the applicants were notified on 23.02.2004 and interview after 01.01.2004 are not entitled for induction into OPS Scheme.
19. I have heard the learned counsel for the parties and perused the available material on record.
RULE OF LAW
20. 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:
"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 10 O.A. No. 985/2024 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 11 O.A. No. 985/2024 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.
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 12 O.A. No. 985/2024 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)
21. From the aforesaid provision 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 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 after 01.01.2004 and were covered under NPS, to be covered under CCS Rules, 1972( Now Rules, 2021).
22. 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).
23. The Government of India, Ministry of Defence, Department of Defence Production Directorate of Ordnance (C & S), Kolkata (Coordination & Policy) has issued letter for clarification dated 10.04.2023 stating that in cases where the vacancies has been sanctioned by Ministry of Defence/OFB, date of communication from OFB for recruitment against such vacancies may be considered at cut- off date for considering eligibility of Government servant for coverage under CCS (Pension) Rules. The date of notification/sanction of vacancy/post showed be taken as the date for deciding the eligibility 13 O.A. No. 985/2024 for coverage under CCS (Pension) Rules. The said justification has been given in line with Hon'ble Supreme Court judgment dated 07.12.1993 in the case of J & K Public Service Commission Vs. Dr. Narinder Mohan reported in 1994 SCC (2) 630 and in the case of Rakesh Bhardwaj Vs. State of U.P., Hon'ble High Court, Allahabad vide judgment dated 09.05.2007. Their Lordships made distinction between notification of vacancy and said vacancy advertised in daily newspapers. The respondents in its clarification/communication dated 10.04.2023 already justified that the date of sanction of vacancy/post for the recruitment should be taken as the date for deciding eligibility for coverage under CCS (Pension) Rules.
24. From the analysis of the OM dated 03.03.2023 and clarification dated 10.04.2023 also coverage under CCS(Pension) Rules in place of NPS, extracted hereinabove, it is abundantly clear that the date of notification of vacancy for direct recruitment/appointment in the present case be considered from the coverage under Old Pension Scheme and the relevant date of notification for recruitment must be prior to 22.12.2003.
25. Now coming to the peculiar facts of the case in hand. All the applicants are ex-Trade Apprentice in OFM and as per the respondent No. 02 /erstwhile OFB, direction dated 15/20, October, 1999, factories are permitted to make selection for the post as per fitness-cum-seniority of ex-trade apprentices of their own factory. Admittedly, all the applicants completed Trade Apprentices training prior to year 2003.
26. The important aspect of the case in hand, the Chairman, erstwhile OFD, sanctioned induction of 35 semi-skilled Industrial Employees in question through direct recruitment for OFM vide notification no. 800/manpower/2000-2001/A/I dated 10 July, 2003. The notification dated 10th July, 2003 for appointment of 35 semi skilled industrial employees posts is prior to 22.12.2003 and for proper appreciation, reproduced as under-
"No. 800/Manpower/2000-2001 /A/I Date 10th July, 2003 To, 14 O.A. No. 985/2024 The General Manager, Gun & Shell Factory, Muradnagar.
Sub: Manpower-Sanction of In exercise of the powers vested on Chairman/OFB vide M of D No. 1640/D(QA) /2002 dt. 20-05-2003 for induction of manpower in Ordnance & Ordnance Equipment Factories, the Chairman is pleased to sanction further induction of the following manpower through direct recruitment to OFM for purpose of meeting the increased work load and. the situation arising out of large scale wastage of manpower and the consequent skill erosion.
INDUSTRIAL EMPLOYEES -35(Thirty five) Semi-Skilled
02. While initiating action for direct recruitment of manpower as sanctioned above, the factory should strictly follow the following guidelines
(a) Government instructions issued vide letter No DGET 50(D2)/95- AP. dated 15-03-1996 circulated under OFB circular No. 570/A/I dt. 14-05-1996, DOP & T letter No. 14024/2/96- Estt. Dated 18-05-1998 circulated under OFB letter no. 039 (6)/A/A dated 24-08-1999 and OFB instructions on recruitment of manpower issued vide letter No. 570/A/I/III dated 15/20 October 1999 should be followed.
(b) All provisions contained in SRO 185 / 94 will be strictly complied with.
(c) While doing direct recruitment, the SRO provisions of promotion quota should also be kept in view.
(d) Similarly, induction will be done only to the extent of authorized grade-wise sanctions/ strength, and if the factory in unable to accommodate the above manpower induction/ sanction within the authorized grade-wise strength, necessary proposal for revision of the grade-wise strength may be sent to OFB for consideration before going ahead with direct recruitment.
(e] Government instruction/ orders issued from time to time on the subject of reservation in recruitment of reserved categories including that of PH candidates must be complied with strictly.
03. Trade-wise allocation of posts as sanctioned above may be decided with the approval of Operating Member/ Addl. DGOF."
(emphasis supplied)
27. It is clear as noon-day from the aforesaid notification dated 10.07.2003, that competent authority-Chairman, erstwhile OFB granted manpower sanction of 35 posts to be filled by direct recruitment by respondent No.04 based on available seniority list of ex-trade Apprentices of OFM and only fitness criteria is passing trade test and fitness-cum-seniority is basis of direct recruitment. I 15 O.A. No. 985/2024 am of the considered opinion that in light of the notification dated 10.07.2003 sanction of 35-semi-skilled posts of OFM, is the cut-off date in the present case the applicants for deciding eligibility for coverage under CCS (Pension) Rules and accordance with para 4 of OM dated 03.03.2003 and clarification dated 10.04.2023, all the applicants are eligible for Old Pension Scheme under CCS (Pension) Rules, 1972 (Now 2021). The applicants are held eligible and entitled for switch over to the GPF-cum-OPS under CCS (Pension) Rules, 1972 (now 2021).
28. There is another aspect of the matter which will require mention that pursuant to OM dated 03.03.2023 for coverage under CCS (Pension) Rules in place of NPS for Central Government employees who recruited against posts/vacancies notified/advertised on or before 22.12.2003. The respondents issued factory Order-Part I dated 14.03.2023 and sought a one-time option from GPF-cum-OPS and all the applicants submitted one time option form as sought on time for switch over from NPS to GPF-cum-OPS but the respondents have not inducted the applicants to GPF-cum-OPS. Respondents are sitting tight over the matter for conversion from NPS to GPF-cum-OPS Scheme.
29. Undisputedly, the respondents have already inducted similarly placed trade-apprentices from NPS to GPF-cum-OPS based on date of sanction of manpower, posts for direct recruitment in OF, Raipur and Dehradun and one-time option accepted and similarly placed employees already held eligible for GPF-cum-OPS and even physically handicapped candidates selected pursuant to same notification dated 10.07.2003 as in the case of applicants has been held eligible for Old Pension Scheme under Rules, 1972. The applicants are also entitled for coverage under CCS (Pension) Rules, 1972 applying the principles of parity and equality under Article 14 & 16 of the Constitution of India.
30. So far as contention of Mr. Anil Kumar Singh, learned counsel for the respondents that DOO (erstwhile OFB) vide notification dated 10.07.2003 sanctioned 35 posts for semi-skilled Industrial employees for OF Muradnagar with direction to induct employees but trade-wise, alternate proposal was approved on 07.01.2004 and 16 O.A. No. 985/2024 notice Board information for direct recruitment put-up on 23.02.2004 and trade test held on 16.03.2004 to 18.03.2004 and all the applicants have given joining between 27.04.2004 to 09.11.2004 after 01.01.2004.
31. The fact of the matter that competent authority, Chairman, erstwhile OFB vide notification dated 10.07.2003 directed General Manager, OFM to induct 35 semi-skilled Industrial employees through direct recruitment and in cases of ex-trade apprentices recruitment criteria is fitness-cum-seniority of factory wise. The respondent No. 04 is the recruiting agency and received direction dated 10.07.2003 vide sanction order dated 10.07.2003 to recruit ex-tradesman apprentices for 35 posts and date of notification for posts be taken as on 10.07.2023 and applying OM dated 03.03.2023, all the applicants appointed as semi-skilled Industrial employees are also eligible for GPF-cum-OPS scheme and I do not find any force in the submissions of the learned counsel for the respondents.
32. The issue involved in the present case is no more res-integra. The applicants in the case in hand and applicants in OA No. 976/2024, Shri Lokendra Kumar Sharma and 13 Others Vs. Union of India & Ors, also recruited as semi-skilled IES based on notification dated 10.07.2003 for manpower sanction for direct recruitment along with applicants in the present OA, the OA No. 976/2024(Principal Bench, New Delhi) has been allowed vide order dated 07.01.2025, directing the respondents to grant benefits of Old Pension Scheme under CCS (Pension) Rules, 1972 (now 2021) within eight weeks and the present case is identical to the case OA No. 976/2024.
33. It is trite that ordinarily decisions of coordinate benches constitute binding precedents. One may refer, in this context, to the following exordium from State of Punjab v Devans Modern Breweries (2004) 11 SCC 26 as followed in Mary Pushpam v Telvi Curusumary (2024) 3 SCC 224.
"Judicial discipline envisages that a coordinate Bench follow the decision of an earlier coordinate Bench. If a coordinate 17 O.A. No. 985/2024 Bench does not agree with the principles of law enunciated by another Bench, the matter may be referred only to a larger Bench."
On this aspect, the decision in Official Liquidator v Dayanand (2008) 10 SCC 1comments, critically, thus:
"90. We are distressed to note that despite several pronouncements on the subject, there is substantial increase in the number of cases involving violation of the basics of judicial discipline. The learned Single Judges and Benches of the High Courts refuse to follow and accept the verdict and law laid down by coordinate and even larger Benches by citing minor difference in the facts as the ground for doing so. Therefore, it has become necessary to reiterate that disrespect to the constitutional ethos and breach of discipline have grave impact on the credibility of judicial institution and encourages chance litigation. It must be remembered that predictability and certainty is an important hallmark of judicial jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed."
34. Inter alia for the reasons of maintaining uniformity and consistency, and in view of the undisputed position that the facts in this case are identical to those in Lokendra Kumar Sharma in OA No. 976/2024.
35. For the reasons of maintaining uniformity and consistency also and in view of the undisputed position that the facts in the case in hand are identical and legal issue is also the same to those in OA No. 976/2024 titled Lokender Kumar Sharma and others Vs. Defence Production and Others, dated 07.01.2025. Present OA also deserves to be allowed.
18 O.A. No. 985/2024CONCLUSION
36. This Tribunal has already analyzed in details-the issue in light of aforesaid analysis-findings on the issue is decided in favour of the applicants.
37. All the applicants are held entitled for coverage under Pension Scheme under Civil Services (Pension) Rules, 1972 (now 2021).
38. Respondents are directed to allow applicants to switch over to General Provident Fund-cum-Statutory Pension Scheme and complete the said exercise within a period of eight weeks from the date of receipt/production of certified copy of this order.
39. Accordingly, the OA is allowed and disposed off.
40. However, there shall be no order as to costs.
41. As a sequel thereof, pending MA (s), if any, shall also stand allowed and disposed off.
(Ajay Pratap Singh) Member (J) /NA/Abhay/