Central Administrative Tribunal - Ernakulam
M T Sunilkumar And Others vs Dept Of Defence on 30 January, 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.180/00642/2021
Thursday, this the 30th day of January, 2026
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
1. M.T. Sunilkumar, Chargeman (Air Radio), Avionics III, Naval Aircraft Yard,
Naval Base, Kochi, PIN 682004 (S/o Maniyanachary V., aged 38,
Manimandiram, Vamanapuram (P.O), Vamanapuram, Thiruvananthapuram
District, PIN-695606).
2. Sole P. Mathew, Chargeman (Air Radio), Chetak Hangar, Naval Aircraft Yard
Naval Base, Kochi (S/o P.O. Mathew, aged 42, Pathiyakkara Thombra, Allapra
(P.O), Perumbavoor, Ernakulam District, PIN-683556).
3. Rakhee R., Chargeman (Air Electrical), TDEC, Naval Institute of Aeronautical
Technology, Naval Base, Kochi 682 004 (D/o K.G. Rajan, W/o Prabhu U. Nair,
aged 37, Upasana (Karthika), Elumankkal Temple Lane, Eroor (South) P.O.,
Tripunithura, Ernakulam District, PIN-682 306).
4. Riss Ravindran, Foreman (Air Radio), Naval Institute of Aeronautical
Technology, Naval Base, Kochi 682 004 (D/o K.K. Ravindran, W/o Premlal S.,
aged 42, Kuzhichalil (H), Kanjiramattom, Thodupuzha East P.O., Idukki District,
PIN-685 585).
5. Sreejith C. Sreedharan, Chargeman (Air Electrical), AVIONICS I, Naval Aircraft
Yard, Naval Base, Kochi 682 004 (S/o C.N. Sreedharan, aged 36, Chakkirikattil
(H), Mulakulam N (P.O), Ernakulam District, PIN-686664).
6. P. Praveen, Chargeman (Air Electrical), LRS, Naval Aircraft Yard, Naval Base,
Kochi 682 004 (S/o Narayanan K., aged 40, Padincharayil (H), Panthalayani,
Koyilandi (PO), Kozhikode District, PIN-673305)
7. T.K. Vijith, Chargeman (Air Electrical), LRS, Naval Aircraft Yard, Naval Base,
Kochi 682 004 (S/o C. Viswanathan, aged 38, Thuvvakkunnummal (H),
Kunnamangalam P.O., Kozhikode District, PIN-673 571).
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O.A.No.642/2021 2
8. Antony Vargheese S., Master Craftsman (Air Electrical) CHETAK HANGAR,
Naval Aircraft Yard, Naval Base, Kochi 682 004 (S/o Stanley, aged 38,
Meenaikodath House, Kannianally Estate, Factory Division, Munnar, Idukki
District, PIN-685 612).
9. N. Vijayan, Master Craftsman (Air Electrical), LRS-II, Naval Aircraft Yard,
Naval Base, Kochi, PIN-682 004 (S/o the Late G. Narayanan, aged 37,
"Harisree", Ponnath (H), 11/538, MRA-32, Manjakkad, Kureekad P.O.,
Ernakulam District,PIN-682 305).
10. C.V. Rahees, Foreman (Air Electrical), Naval Aircraft Yard, Naval Base,
Kochi, PIN-682 004(S/o Muhammad Koya C. V., aged 40, Cheenoli Veedu,
Eramam, Muppathadam P.O., Aluva, Ernakulam District, PIN-683 110.
11. N. Suneesh, Master Craftsman (Air Electrical), Avionics I, Naval Aircraft
Yard, Naval Base, Kochi, PIN-682004 (S/o Velayudhan N., aged 37, Nechikkat
(H), Chelembra P.O.. Malappuram District, PIN-673634).
12. Abraham Chandy, Chargeman (Air Electrical), SHERF, Naval Aircraft Yard,
Naval Base, Kochi, PIN-682 004 (S/o the Late M.E. Chandy, aged 41,
Menayathil House, South Vazhakulam, Aluva, Ernakulam District, PIN-683
105).
13. V.K. Sudheer, Master Craftsman (Air Structural), SEAKING HANGER, Naval
Aircraft Yard, Naval Base, Kochi 682 004 (S/o V. Karappu, aged 41, Kulirma-
Valangara House, Near KSRTC, Chalakudy, Thrissur District, PIN-680 307)
14. T.A. Jisha, Mechanic Air Engineering (Skilled), Naval Aircraft Yard, Naval
Base, Kochi, PIN-682 004 (D/o Appu K.K., aged 45, Thamattuthittayil (H), Eroor
(W) P.O., Perikkadu, Ernakulam District, PIN-682 306).
15. S. AmalKumar, Painter (Highly Skilled-II), RFS, Naval Aircraft Yard, Naval
Base, Kochi, PIN-682 004 (S/o Sivasankaran, aged 41, Alappatt House, V.K.
Colony P.O., BMC via, Ernakulam District, PIN-682 021).
16. Binu Joseph, Painter (Highly Skilled-1), RFS, Naval Aircraft Yard, Naval Base,
Kochi, PIN-682 004 (S/o Joseph, aged 42 years, Palathinkal House, Mukkulam
East P.O., Kottickal via, Idukki District, PIN-686 514).
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O.A.No.642/2021 3
17. P.P. Murali, Painter (Highly Skilled-I), RFS, Naval Aircraft Yard, Naval Base,
Kochi, PIN-682 004 (S/o P.P. Pushpakaran, aged 43, Pezhungal House,
Edakkattu Road, Nettoor P.O., Maradu, Ernakulam District, PIN-682 040).
18. Jincymol P.P., Tradesmanmate, Naval Aircraft Yard, Naval Base, Kochi, PIN-
682 004 (D/o Chacko Pothen, aged 46, Ullattil House, Amayannoor P.O.,
Kottayam District, PIN-686 019).
19. Prakash Erat, Master Chargeman(AL), Avionics-I, NIAT, Naval Base, Kochi,
PIN-682 004 (S/o the late K. Vasudevan, aged 51, Radha Nivas, Old Bazar,
Kollengode P.O., Palakkad District, PIN-678 506).
20. K.S. Sunoj, Master Craftsman (Air Electrical), Avionics-I, Naval Aircraft Yard,
Naval Base, Kochi, PIN-682 004 (S/o K.K. Subramanian, aged 36, Kochinadan
House, Kuttikkattukara P.O., Alupuram, Ernakulam District, PIN-683 501).
21. Sajin M.S., Instrument Fitter (Skilled), Avionics-1, Naval Aircraft Yard, Naval
Base, Kochi, PIN-682 004 (S/0 Saseendran, aged 36, Mangattu (H),
Muriyamangalam, Mamala P.Ο., Ernakulam District, PIN-682 305),
22. Saumya S., Mechanic Air Electrical (Skilled), Engg. Office, Naval Aircraft
Yard, Naval Base, Kochi, PIN-682 004 (D/o R Sasi, aged 41, Kothampadthu-
Karunya, Cheravally, Kayamkulam P.O., Alappuzha District, PIN-690 502).
23. Salymol K.V., Ward Sahayika, LN.H.S. SANJIVANI, Naval Base, Kochi, PIN-
682 004 (D/o Varghese, aged 50, Manappurathupady, Vaikaprayar P.O.,
Vaikom, Kottayam District, PIN-686146).
24. Leelamma Thomas, Ward Sahayika, I.N.H.S. SANJIVANI, Naval Base, Kochi,
PIN-682 004 (D/o Devassy Thomas, aged 52, Puthenpurakkal (H), Vallarpadam
P.O., Kochi, Ernakulam District, PIN-682 504).
25. Sivaraj C., Chargeman (Air Electrical), CHETAK HANGAR, Naval Aircraft
Yard, Naval Base, Kochi, PIN-682 004 (S/o Chandrasekharan Nair, aged 42,
Chandra Bhavanam, Mayithara P.O., Cherthala, Alappuzha District, PIN-688
539).
26. K.S. Sooraj, Civilian Motor Driver-II, Naval Aircraft Yard, Naval Base, Kochi,
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O.A.No.642/2021 4
PIN-682 004 (S/o K.K. Sudhakaran, aged 35, Kadavath House, Kumbalam P.O,
Ernakulam District, PIN-682 506).
27 Ajith C.G., MT Fitter (Skilled), MT SECTION, Naval Aircraft Yard, Naval Base,
Kochi, PIN-682 004 (S/o Gopinathan Pillai, aged 42, Kochumathoor (H),
Nedumudy P.O, Alappuzha District, PIN-688 508).
28. Sreekumar S., MTS (MINISTERIAL), Naval Aircraft Yard, Naval Base, Kochi,
PIN-682 004 (S/o Sreedharan V., aged 44, Pushpadayyathu, Puthenthura,
Neendakara P.O., Kollam District, PIN-691 582)
29. M. Jyothi, Tradesmanmate, Base Victualling Yard, Naval Base, Kochi, PIN-
682 004 (D/o MP Ingnatious, aged 40, Thankachi Nivas, Pattanakkad P.O.,
Cherthala, Alappuzha District, PIN-688 531).
30. K. Kanakadas, MTS (MINISTERIAL), Base Victualling Yard, Naval Base, Kochi,
PIN-682 004 (S/o D. Kamalasanan, aged 42, Kunnatha Parambil,
Cheruvaranam, Varanam P.O., Cherthala, Alappuzha District, PIN-688 555).
31. K.S. Sanish Kumar, MTS (NI), Base Victualling Yard, Naval Base, Kochi, PIN-
682 004 (S/o P.K. Satheesan, aged 37, Kuzhivaliparambil, Ponoth Road, Kaloor,
Ernakulam District, PIN-682 017).
32. Beethu Krishna, UD Clerk, INS Dronacharya, Fort Kochi, Kerala 682001 (D/o
C. Balakrishnan, aged 39, Puthenpurakkal (H), Pooppanakunnu, Kumbalanghy,
Ernakulam District, PIN-682 007).
33. Jansamma K. C., Tradesmanmate, Base Victualling Yard, Naval Base, Kochi,
PIN-682 004 (D/o K.T. Chacko, aged 51, Peralinparambil (H), Karukayil (W),
Thathampally P.O., Alappuzha District, PIN-688 013).
34. A.K. Shari, Tradesmanmate, Base Victualling Yard, Naval Base, Kochi, PIN-
682 004 (D/o A.S. Karunakaran, aged 51, Marottickal House, Manappilly Road,
Cherai P.O., Ernakulam District, PIN-683 514).
35. Jayaprakash N., Civilian Motor Driver-II, Base Victualling Yard, Naval Base,
Kochi, PIN-682 004 (S/o Narayanan A.K., aged 46, Alakkottu Vadakkethil
House, Muthukulam, Muthukulam South P.O., Alappuzha District, PIN-690
506).
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O.A.No.642/2021 5
36. T.R. Sibeesh, Civilian Motor Driver-II, Base Victualling Yard, Naval Base,
Kochi, PIN-682 004 (S/o T.E. Raveendran, aged 42, Thareparambil (H),
Padivattom, Edappally P.O., P.J. Antony Road, Kochi, Ernakulam District, PIN-
682 024)
37. V. Anu, Tradesmanmate, Naval Aircraft Yard, Naval Base, Kochi, PIN-682
004 (D/o B. Vijayan Pillai, aged 34, 18/108, DRDO Residential Complex,
Pallichal Road, Palluruthy, Kochi, Ernakulam District, PIN-682 006).
38. Santhosh Kumar P.K., MTS (MINISTERIAL), Industrial Canteen, Naval
Aircraft Yard, Naval Base, Kochi, PIN-682 004 (S/o Prabhakaran, aged 44,
Kottinattu House, Veruvally Bhagam, Kayamkulam, Alappuzha District, PIN-690
502).
39. O. Sheena, Tradesmanmate, Material Organisation Kochi, Naval Base,
Kochi, PIN-682 004 (D/o S. Kuttan, aged 38. Puthenpurayil House, Pothappally
South, Kumarapuram P.O., Haripad, Alappuzha District, PIN-690 548).
40. C.V. Praveen, Tradesmanmate, Material Organisation, Naval Base, Kochi,
PIN-682 004 (S/o C.N. Venugopalan, aged 34, Nikarthil House, Pashnithode
Palam, Palluruthy, Kochi, Ernakulam District, PIN-682 006).
41. Mahes R.D., Civilian Motor Driver-I, Material Organisation Kochi, Naval
Base, Kochi, PIN-682 004 (S/o P.S. Dharman, aged 46, Sopanam, H.No.-12/851-
A, V.T. Lane, Palluruthy, Kochi, Ernakulam District, PIN-682 006).
42. P.S. Asokan, Civilian Motor Driver-I, Material Organisation Kochi, Naval
Base, Kochi, PIN-682 004 (S/o Sivasankaran Nair, aged 47, Pottanachalil House,
Kadayiruppu P.O., Kolenchery, Ernakulam District, PIN-682 311.
43. Shibu A.K., MT Fitter (Highly Skilled-I), Material Organisation Kochi, Naval
Base, Kochi, PIN-682 004 (S/o Karthikeyan A.K., aged 44, Ambalakadavil (H),
Cheranelloot P.O., Kochi, Ernakulam District, PIN-682 034).
44. Xavier Manu K.M., ICE Fitter Crane (Skilled), Material Organisation Kochi,
Naval Base, Kochi, PIN-682 004 (S/o K.X. Mathappan, aged 38, Kattithara (H),
Kannadikadu, Maradu P.O, Maradu North, Ernakulam District, PIN-682 304)
- Applicants
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O.A.No.642/2021 6
[By Advocates: Dr.V.N.Sankarjee, Mr.V.N.Madhusudanan, Mr. R.Udaya
Jyothi, Mr.M.M.Vinod, Ms.M.Suseela, Ms.Keerthi B Chandran,
Mr.C.Purushothaman Nair, Mr.M.Nitheesh]
Versus
1. The Union of India, represented by the Secretary to Government, Ministry
of Defence, Government of India, 101A, South Block, New Delhi-110 001
2. The Vice Admiral Commanding in Chief, Head Quarters, Southern Naval
Command, Kochi PIN 682004.
3. The Flag Officer-Commanding-in Chief, Head Quarters, Southern Naval
Command, Kochi PIN 682004.
4. The Secretary, Ministry of Law and Justice, 4th Floor, A-Wing, Shastri
Bhawan, New Delhi, PIN-110 001
5. The Secretary, Ministry of Finance, Department of Financial Services, 3 rd
Floor, Jeevan Deep Building, Sansad Marg, New Delhi, PIN-110 001
6. Pension Fund Regulatory and Development Authority (PFRDA), B14/A,
Chatrapati Shivaji Bhavan, Qutab Institutional Area, Katwaria Sarai, New Delhi,
PIN-110 016, represented by its Chairperson.
7. The Chairperson, Pension Fund Regulatory and Development
Authority(PFRDA). B14/A, Chatrapati Shivaji Bhawan, Qutab Institutional Area,
Katwaria Sarai, New Delhi, PIN-110 016.
[Additional respondents 4 to 7 have been impleaded vide order dated
22.03.2022 in M.A.230/2022]
-Respondents
[By Advocates : Mr. M.N.Manmadan, SCGSC for R1 to R5
Mr.E.C.Kuriakose for M/s.M.V.Kini & Co. for R6 & R7]
The application having been heard on 12.12.2025, the Tribunal on
30.01.2026 delivered the following order:
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O.A.No.642/2021 7
ORDER
Justice K.Haripal, Judicial Member These 44 applicants have joined together in assailing the validity of Sections 20 and 56 of the Pension Fund Regulatory and Development Authority Act 2013, hereinafter referred to as the Act of 2013 and challenging the correctness of Annexure-A89 Resolution and Annexure-A91 order passed by the 3rd respondent rejecting their representations. They want a declaration that they are entitled to the benefit of statutory pension scheme under the Pensions' Act 1871 and CCS(Pension) Rules, 1972.
2. All of them are employees under the respondents 2 and 3 appointed on different dates as shown in the table below:
Sl.No. Name Category Date of
Appointment
1 M.T. Sunilkumar Mechanic Air Radio (Skilled) 03/07/06
2 Sole P. Mathew Mechanic Air Radio (Skilled) 03/07/06
3 Rakhee R. Mechanic Air Electrical (Skilled) 11/09/06
4 Riss Ravindran Mechanic Air Radio (Skilled) 03/07/06
5 Sreejith C. Sreedharan Mechanic Air Electrical (Skilled) 26/10/06
6 P. Praveen Mechanic Air Electrical (Skilled) 26/10/06
7 T.K. Vijith Mechanic Air Electrical (Skilled) 26/10/06
8 Antony Vargheese S. Mechanic Air Electrical (Skilled) 18/12/07
9 N. Vijayan Mechanic Air Electrical (Skilled) 18/12/07
10 C.V.Rahees Mechanic Air Electrical (Skilled) 14/11/06
11 N. Suneesh Mechanic Air Electrical (Skilled) 18/12/07
12 Abraham Chandy Mechanic Air Electrical (Skilled) 26/10/06
13 V.K. Sudheer Mechanic Air Structural (Skilled) 15/03/06
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O.A.No.642/2021 8
Sl.No. Name Category Date of
Appointment
14 T.A. Jisha Safaiwala 24/04/08
15 S. AmalKumar Painter (Skilled) 03/10/08
16 Binu Joseph Artist Painter (Skilled) 01/08/05
17 P.P. Murali Artist Painter (Skilled) 01/08/05
18 Jincymol P.P. Ward Sahayika 07/03/07
19 Prakash Erat Mechanic Air Electrical (Skilled) 26/10/06
20 K.S. Sunoj Mechanic Air Electrical (Skilled) 18/12/07
21 Sajin M.S. Control Fitter Instrument (Skilled) 03/12/05
22 Saumya S. Safaiwala 23/01/08
23 Salymol K.V. Ward Sahayika 07/03/07
24 Leelamma Thomas Ward Sahayika 07/03/07
25 Sivaraj C. Mechanic Air Electrical (Skilled) 11/09/06
26 K.S. Sooraj MT Cleaner 26/10/06
27 Ajith C.G. MT Fitter (Skilled) 29/05/07
28 Sreekumar S. Safaiwala 23/01/08
29 M. Jyothi Ward Sahayika 07/03/07
30 K. Kanakadas Watchman 27/11/06
31 K.S. Sanish Kumar Mali 10/07/06
32 Beethu Krishna LD Clerk 09/01/06
33 Jansamma K. C. Ward Sahayika 07/03/07
34 A.K. Shari Ward Sahayika 07/03/07
35 Jayaprakash N. Civilian Motor Driver(OG) 21/11/06
36 T.R. Sibeesh Civilian Motor Driver(OG) 18/09/06
37 V. Anu Safaiwala 23/01/08
38 Santhosh Kumar P.K. Safaiwala 23/01/08
39 O. Sheena Safaiwala 24/04/08
40 C.V. Praveen Bearer 26/10/06
41 Mahes R.D. Civilian Motor Driver(OG) 15/03/06
42 P.S. Asokan Civilian Motor Driver(OG) 15/03/06
43 Shibu A.K. Fitter Auto (Skilled) 15/06/07
44 Xavier Manu K.M. ICE Fitter Crane (Skilled) 18/08/08
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O.A.No.642/2021 9
3. According to the applicants, as a prelude to the implementation of National Pension System, the Union Government had issued Interim Pension Fund Regulatory and Development Authority Ordinance, which had lapsed on 07.04.2005. But, such an Authority was restored only through Annexure-A89 Resolution of the Ministry of Finance dated 14.11.2008. Later, Act 2013 was passed only in 2013, for which Presidential assent was received on 18.09.2013 and published in the Gazette on 19.09.2013. According to the applicants, during the interregnum, between 07.04.2005 and 14.11.2008, there was a vacuum. All the applicants were appointed on the respective cadres and dates during this period. That means, they should be treated having appointed under the non-contributory statutory pension scheme covered by CCS(Pension) Rules. Accordingly, they gave representations, Annexures-A45 to A88, which were not considered, which prompted them to approach the Tribunal with O.A.578/2020. This Tribunal, by Annexure-A90 order dated 03.12.2020, directed the respondents to pass a reasoned and speaking order. However, Annexure-A91 order and similar orders were passed rejecting the contentions of the applicants and that made the applicants to approach the Tribunal again seeking the aforementioned reliefs.
4. According to the applicants, since they were appointed between the period 07.04.2005 and 14.11.2008 when the Pension Fund Regulatory and Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 10 Development Authority Ordinance was not in existence, they are entitled to get the benefits of Pensions' Act 1871 and CCS(Pension) Rules, 1972. The representations given by the applicants were not properly considered, the Annexure-A91 order is illegal, arbitrary and liable to be quashed. Further, it is submitted that the notifications inviting applications for the post of Mechanic etc., against which applicants had applied and were later selected and appointed, did not contain any stipulation that they would be governed by the New Pension System. Sections 20 and 56 of Act 2013 is unconstitutional and void since it violates Article 123 of the Constitution. Retrospective effect granted to the provisions of the Act is unreasonable, excessive and harsh. Such provision were incorporated against several judicial pronouncements on the subject.
5. Respondents 1 to 3 opposed the prayers in the O.A. submitting that the application is barred by limitation. According to them, the cause of action had arisen between 2005 and 2008, but the O.A. was filed only on 05.11.2021. Even a belated representation will not revive the cause of action. The cause of action should be reckoned prior to 14.11.2008 and Annexure- A91 has no bearing on this aspect.
6. Referring to Annexure-R1(A) it was submitted that the Ministry of Finance had passed a resolution on 10.10.2003 constituting the Interim Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 11 Pension Fund Regulatory and Development Authority. It is true that the ordinance had lapsed on 07.04.2005. But it was restored by resolution dated 14.11.2008 through Annexure-A89 where it was provided that it will be deemed effective from 08.04.2005.
7. According to the respondents 1 to 3, the Pension Fund Regulatory and Development Authority Bill was introduced in Lok Sabha in 2005, but it could not be passed due to the dissolution of the 14 th Lok Sabha on 07.04.2005. Thereafter, the Bill was again introduced in Parliament for establishment of statutory regulatory body and thus Act 2013 was passed on 08.09.2013. Section 56 of the Act saves anything done or any action taken by the Interim Pension Fund Regulatory and Development Authority and the Central Government under the Resolution passed under Annexure-R1(A) and Annexure-A89. There is nothing unconstitutional in it.
8. After the introduction of the National Pension System, according to the respondents, all employees appointed after 01.01.2004 were covered under the New Pension Scheme unless they were declared successful for the recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and whose appointments were delayed on account of administrative reasons. The Central Government has also issued Office Memoranda in this regard enabling such employees to switch over to Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 12 the Old Pension Scheme. But in the case of the applicants, no such eventuality has taken place. According to the respondents, none of the grounds urged in support of the O.A. is sustainable. They have not traced their claim to the Pensions' Act 1871 or the CCS (Pension) Rules 1972. CCS (Pension) Rules apply only to Government servants appointed on or before 31.12.2003, as seen in Rule 2 of the Rules. The O.A. is thus sought to be dismissed.
9. In the separate reply statement respondents 6 and 7 have raised more or less the same contentions.
10. Applicants filed a rejoinder reiterating their contentions in the O.A.
11. We heard Dr.V.N.Shankarjee, learned counsel for the applicants and Adv.Gouri Balagopal representing the learned Senior Central Government Standing Counsel for the respondents.
12. Dr.Sankarjee has reiterated that Annexure-A89 was issued after the lapse of the earlier Ordinance and is in violation of Article 123 of the Constitution. According to him, there is conscious attempts on the part of the respondents in denying the benefit of CCS(Pension) Rules to the appliants, who were appointed after the lapse of Annexure-R1(A) ordinance. Still, provisions have been incorporated in Annexure-A89 and in the Act 2013 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 13 validating the incorporation of the Pension Fund Regulatory and Development Authority, which is illegal and unconstitutional. According to him, after the lapse of an Ordinance it could not have been revived by an administrative order like Annexure-A89. Illegality cannot be regularised by giving retrospective operations to the Ordinance. Learned counsel also relied on the following decisions in support of his arguments:
i) D.S. Nakara & Others v. Union of India [(1983)1 SCC 305];
ii) Executive Engineer, Gosikhurd Project Ambadi, Bhandara, Maharashtra Vidarbha Irrigation Development Corporation v. Mahesh and others [(2022)2 SCC 772];
iii) Vineeta Sharma v. Rakesh Sharma and others [(2020) 9 SCC 1);
iv) A.K.Roy v. Union of India and another [(1982) 1 SCC 271];
v) K.Krishnankutty and others v. State of Kerala [ILR 1985(1) Ker 701];
vi) Keshavan Madhava Menon v. State of Bombay [AIR 1951 SC 128] and
vii) Gopalakrishnan Nair v. State of Kerala [1999 (3) KLT 574]
13. On the other hand, Adv.Gouri in her well prepared argument, has reiterated that the O.A. is barred by limitation. Referring to Rule 2 of CCS(Pension) Rules, 1972, she pointed out that the applicants who were appointed between 2005 and 2008 cannot claim the benefits of the CCS (Pension) Rules, that the Pension Fund Regulatory and Development Authority was constituted under Annexures-R1(A) or R1(B) have not been challenged by the respondents, that there is absolutely nothing to interfere with Sections 20 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 14 and 56 of the Act, 2013. According to the learned counsel, O.A. has been filed on experimental basis.
14. It has come out that the Union of India had taken a policy decision to introduce National Pension System for its employees who were appointed after 01.01.2004 in the place of the CCS(Pension) Rules. Introduction of a new re-structured defined contributory pension system to the new entrants replacing the then existing system of defined pension system was proposed on 23.08.2003 in the budget announcement of 2003- 2004. As a prelude to the introduction of the New Pensions System, pending the enactment of a comprehensive legislation, as a precursor, the Government had constituted an interim pension fund regulator, by name Interim Pension Fund Regulatory and Development Authority through Annexure-R1(A) resolution dated 10.10.2003, for which an Ordinance was passed. Admittedly, that ordinance got lapsed on 07.04.2005 on expiry of its term. Though Pension Fund Regulatory Development Authority Bill was introduced in Lok Sabha in March 2005 to establish a Statutory Pension Fund Regulatory Authority, it was referred to the Standing Committee of Finance. The statement of Objects and Reasons of Act 2013 indicates that the Standing Committee had given its recommendations on 26.07.2005. However, since the Parliament was dissolved the Bill could not be enacted; ultimately, Act 23 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 15 of 2013, Pension Fund Regulatory and Development Authority Act was passed only in 2013 and the Gazette notification was issued on 19.09.2013. Chapter VI of the Act provides establishment of National Pension System from 01.01.2004. Similarly, Section 56 of the Act reads thus:
"Section 56. Savings.-
Anything done or any action taken by the Interim Pension Fund Regulatory and Development Authority and Central Government under the Resolutions of the Government of India in the Ministry of Finance number F. No. 5/7/2003-ECB & PR, dated the 10 th October, 2003 and F.No.1(6)2007-PR, dated the 14 th November, 2008 and notification number F. No. 5/7/2003-ECB & PR, dated the 22 nd December, 2003, shall be deemed to have been done or taken under the corresponding provisions of this Act."
15. As indicated earlier, the Interim Pension Fund Regulatory and Development Authority was constituted for developing the pension market, to develop its own funding scheme based on user charges and also creation of authorities headed by a Chairman in status of not less than the Secretary to the Government. Annexure-R1(A) resolution had lapsed on 07.04.2005. It was revived and restored only under Annexure-A89 dated 14.11.2008. The applicants submit that since all of them were appointed during the interregnum, between 07.04.2005 and 14.11.2008 when an authority under PFRDA was not in existence, they should be treated to have been appointed Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 16 under the Old Pension Scheme governed by the CCS(Pension) Rules. They made representations, which were rejected and that was how they have approached the Tribunal again.
16. After going through the materials and contentions advanced by the learned counsel on both sides, we do not have any doubt in our mind that the applicants are not entitled to get any relief. Firstly, as urged by the respondents, all of them were appointed between 07.04.2005 and 14.11.2008. It is not disputed that they have started making the contributions under the NPS as provided under Annexure-R1(B) notification. Later Parliament passed the Act 2013, giving validity retrospectively from 01.01.2004. Still, the applicants had made representations only during November 2019, which have been rejected through Annexure-A91. So, their cause of action for challenging the vires of the Ordinance and the Act traces to the period between 2005 and 2008. Without raising any protest till 2019, they must have made contributions to the NPS and approached the Tribunal for the first time only in 2020, which cannot be accepted.
17. As rightly pointed out by the learned Standing Counsel, the dates of their appointment fall between 07.04.2005 and 14.11.2008. Therefore, the cause of action should be reckoned from that date. In that view of the matter, the O.A. is badly barred by limitation. The representation filed in 2019 or Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 17 Annexure-A91 order passed based on Annexure-A90 of this Tribunal on 03.12.2020 cannot in any manner revive the cause of action.
18. In the decision reported in C.Jacob v. Director of Geology and Mining [(2008) 10 SCC 115] the Hon'ble Supreme Court has given a note of caution to Courts and 'emphasized the need for circumspection and care in issuing directions for 'consideration' of such representations. According to the Apex Court, if the representation on the face of it is stale or does not contain particulars to show that it is regarding a live claim, it should desist from directing 'consideration' for such claim.
19. In the same judgment, it has been pointed out that the representations relating to matters which have become stale or barred by limitation can be rejected on that ground alone. In paragraph 11, the Apex Court has held as follow:
"When a direction is issued by a court/tribunal to consider or deal with the representation, usually the directee (person directed) examines the matter on merits, being under the impression that failure to do may amount to disobedience. When an order is passed considering and rejecting the claim or representation, in compliance with direction of the court or tribunal, such an order does not revive the stale claim, nor amount to some kind of "acknowledgment of a jural relationship" to give rise to a fresh cause of action."
That means, since Annexures-A44 to A88 representations were in respect of a Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 18 stale claim, despite the fact that the representations were considered and decided on merits, that will not revive the claims of the applicants which were already barred by limitation.
20. Turning to the merits also, the applicants could not make out a case in their favour. As noticed earlier, the National Pension System was introduced initially under Annexure-R1(B) order dated 22.12.2003. Even before that, through Annexure-R1(A), Government had taken steps for creation of Interim Pension Fund Regulatory and Development Authority for creating a regulatory mechanism for managing the funds deposited by the employees appointed after 01.01.2004 under the NPS. Creation of such an authority was a conscious effort taken by the respondents, which reflected in the budget announcement of 2003-2004. Initially, an interim body was constituted as a precursor to the creation of a statutory authority. It is true that the first Ordinance was lapsed on 07.04.2005 and it was restored only on 14.11.2008. But from Annexure-A89 itself it is clear that the resolution contains the clause for reviving the earlier mechanism which had lapsed on 07.04.2005. In the Act 2013 also, Section 56 has been incorporated for saving the acts done or actions taken by the Interim Pension Fund Regulatory and Development Authority.
21. The introduction of the New Pension System, creation of the Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 19 authority for regulating and managing the fund etc. were the outcome of conscious policy decisions taken by the Government. In the absence of malafides or patent illegalities infrinching the tenets of the Constitution, such vital provisions in the Act cannot be interfered with in a light hearted manner.
22. It is true that for some time between 07.04.2005 and 14.11.2008 there appeared a vacuum of any statutory authority for managing the NPS contribution of the employees appointed during the period. But, by the subsequent resolutions and Act of Parliament namely Act 23 of 2013 such a lacuna has adequately been addressed and filled by the Act of Parliament. There is absolutely noting to say that Sections 20 and 56 of the Act are illegal and invalid.
23. The object and purport of the Act 23 of 2013 is very clear. By virtue of the subsequent enactment, the acts done and actions taken under earlier ordinances have been saved by the Parliament. The Court can interfere with such a legislative exercise only if the enactment or provisions of the enactment are violative of the Constitution. The applicants could not bring out any valid reason to say that those are infringing the provisions of the Constitution.
24. An argument raised by the learned Standing Counsel that the PFRDA is an independent scheme of the NPS cannot be agreed to. In fact the Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 20 initial resolution taken through Annexure-R1(B) finds subsequent legislative recognition through Act 23 of 2013. Accordingly, the NPS stands introduced from 01.01.2004. All the employees who entered service after 01.01.2004 are covered by the NPS only.
25. Moreover, as rightly pointed out, Rule 2 of CCS(Pension) Rules clearly provides that it is applicable only to Government servants appointed on or before 31.12.2003. It excludes the class of employees who were appointed after 31.12.2003. All these applicants were admittedly appointed after 31.12.2003.
26. The applicants have no case that, during the interregnum, any stalemate had occurred and the contributions made by them towards NPS were not properly accounted or credited. Similarly, even if a vacuum was created, that will not automatically lead to the position that the applicants will fall within the ambit of the CCS(Pension) Rules.
27. There was a contention that there is nothing in the notifications calling applications for appointment to the cadres stipulating that the New Pension Scheme would be applicable to them. In the light of Rule 2 of CCS (Pension) Rules, 2021 or corresponding Rules of CCS(Pension) Rules,1972 that has become the position. Therefore, even without a stipulation in the notification, merely for the reason that for some time Annexure-A89 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 21 resolution was not in force, the applicants cannot claim benefit of the same. In all probability, the order of appointment of each of the applicant must have contained a clause that they are governed by the NPS. Non-production of the orders is a matter of adverse inference.
28. We have also noticed that numerous Office Memoranda have been issued subsequently by the respondents permitting to switch over to the Old Pension Scheme for those who were appointed after 01.01.2004. Those are cases in which vacancies had arisen prior to 22.12.2003, employment notification was issued prior to 31.12.2003 or selection processes had completed and orders of appointment were issued or appointment orders were delayed due to administrative reasons but candidates could join subsequently only, etc. Here, the applicants have no such case. They are not entitled to get the benefits of different Office Memoranda permitting mobility of appointees from NPS to OPS, under any circumstance.
29. Even otherwise, it is the settled proposition of law that pay, pension etc are matters of policy of the executive. The Court or Tribunal cannot interfere with it in a light hearted manner. Similarly, it is for the executive to fix the cut-off date. Here, Annexure-R1(B) was issued on 22.12.2003 stipulating that those who entered Government service after 01.01.2004 will be governed by the NPS. That has been saved through Act 23 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 22 of 2013, which is having retrospective operation.
30. An authority like PFRDA is only a facilitator for the regulation of management of the fund transferred under the NPS. Merely for the reason that during the period in question an ordinance was not in force, there is no case for the applicants that interim authority created under Annexure-R1(A) had ceased its operation. As stated earlier, existence and management of the body stand ratified and saved through the Act of Parliament namely the Pension Fund Regulatory and Development Authority Act 2013. Various decisions relied on by the learned counsel for the applicants do not have direct bearing on the subject.
To sum up, the applicants have failed to make out a case in their favour and the Original Application is dismissed. No costs.
(Dated, this the 30th day of January, 2026)
Mr. BRAJ MOHAN AGRAWAL JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ds
Deepa S 2026.01.30 17:23:46+05'30'
O.A.No.642/2021 23
List of Annexures
Annexure 89:True copy of Resolution No. F. 1(6) 2007-PR dated 14.11.2008 issued by the Ministry of Finance Annexure 91:True copy of the 3rd respondent's order No.C.S.2695/43/1910 dated 22.4.2021 issued to the applicants Annexure-A1:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 1st applicant Annexure-A2:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 2nd applicant Annexure-A3:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 3rd applicant Annexure-A4:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 4th applicant Annexure-A5:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 5th applicant Annexure-A6:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 6th applicant Annexure-A7:True copy of the service book entry dated 17. 10.2007 of the 7 th applicant Annexure-A8: True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 8th applicant Annexure-A9:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 9th applicant Annexure-A10:True copy of the appointment letter dated 10.10.2006 along the with civilian establishment list 144/2006 dated 22.11.2006 of the 10th applicant Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 24 Annexure-A11:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 11th applicant Annexure-A12:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 12th applicant Annexure-A13:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 13th applicant Annexure-A14:True copy of the appointment order dated 24.4.2008 of the 14th applicant Annexure-A15:True copy of the order of confirmation about the appointment dated 26.3.2010 of the 15th applicant Annexure-A16:True copy of the order of confirmation about the appointment dated 27.7.2007 of the 16th applicant Annexure-A17:True copy of the order of confirmation about the appointment dated 27.7.2007 of the 17th applicant Annexure-A18:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 18th applicant Annexure-A19:True copy of the service book entry dated 17.10.2007 of the 19th applicant Annexure-A20:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 20th applicant Annexure-A21:True copy of the appointment dated 2.12.2005 of the 21st applicant Annexure-A22:True copy of the declaration and order of confirmation about the appointment dated 22.4.2010 of the 22nd applicant Annexure-A23:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 23rd applicant Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 25 Annexure-A24:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 24th applicant Annexure-A25:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 25th applicant Annexure-A26:True copy of the declaration and order of confirmation about the appointment dated 30.10.2007 of the 26th applicant Annexure-A27:True copy of the service book entry dated 11.6.2013 of the 27th applicant Annexure-A28:True copy of the declaration and order of confirmation about the appointment dated 22.4.2010 of the 28th applicant Annexure-A29:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 29th applicant Annexure-A30:True copy of the declaration and order of confirmation about the appointment dated 22.4.2010 of the 30th applicant Annexure-A31:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 31st applicant Annexure-A32:True copy of the declaration and order of confirmation about the appointment dated 29.2.2008 of the 32ndapplicant Annexure-A33:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 33rd applicant Annexure-A34:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 34th applicant Annexure-A35:True copy of the declaration and order of confirmation about the appointment dated 15.12.2009 of the 35th applicant Annexure-A36:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 37th applicant Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 26 Annexure-A37:True copy of the declaration and order of confirmation about the appointment dated 22.4.2010 of the 37th applicant Annexure-A38:True copy of the declaration and order of confirmation about the appointment dated 22.4.2010 of the 38th applicant Annexure-A39:True copy of the appointment order dated 24.4.2009 of the 39th applicant Annexure-A40:True copy of the declaration and order of confirmation about the appointment dated 24.4.2009 of the 40th applicant Annexure-A41:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 41st applicant Annexure-A42:True copy of the declaration and order of confirmation about the appointment dated 31.10.2008 of the 42nd applicant Annexure-A43:True copy of the Permanency of Industrial Staff, Civilian Establishment Order Part-I, No.VAL/CEL/IND/19/15-16 for May 15-Valsura of the 43rd applicant Annexure-A44:True copy of the appointment order dated 28.7.2008 of the 44th applicant Annexuc-A45:True copy of the 1st applicant's representation dated 14.11.2019 Annexure-A46:True copy of the 2nd applicant's representation dated 15.11.2019 Annexure-A47:True copy of the 3rd applicant's representation dated 15.11.2019 Annexure-A48:True copy of the 4th applicant's representation dated 25.11.2019 Annexure-A49:True copy of the 5th applicant's representation dated 27.11.2019 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 27 Annexure-A50:True copy of the 6th applicant's representation dated 22.11.2019 Annexure-A51:True copy of the 7th applicant's representation dated 22.11.2019 Annexure-A52:True copy of the 8th applicant's representation dated 28.11.2019 Annexure-A53:True copy of the 9th applicant's representation dated 27.11.2019 Annexure-A54:True copy of the 10th applicant's representation dated 4.12.2019 Annexure-A55:True copy of the 11th applicant's representation dated 15.11.2019 Annexure-A56:True copy of the 12th applicant's representation dated 22.11.2019 Annexure-A57:True copy of the 13th applicant's representation dated 22.11.2019 Annexure-A58:True copy of the 14th applicant's representation dated 28.11.2019 Annexure-A59:True copy of the 15th applicant's representation dated 30.11.2019 Annexure-A60:True copy of the 16th applicant's representation dated 3.12.2019 Annexure-A61:True copy of the 17th applicant's representation dated 30.11.2019 Annexure-A62:True copy of the 18th applicant's representation dated 29.11.2019 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 28 Annexure-A63:True copy of the 19thapplicant's representation dated 27.11.2019 Annexure-A64:True copy of the 20th applicant's representation dated 27.11.2019 Annexure-A65:True copy of the 21st applicant's representation dated 29.11.2019 Annexure-A66:True copy of the 22nd applicant's representation dated 27.11.2019 Annexure-A67:True of the copy 23rd applicant's representations dated 29.11.2019 Annexure-A68:True copy of the 24th applicant's representations dated 29.11.2019 Annexure-A69:True copy of the 25th applicant's representations dated 28.11.2019 Annexure-A70:True copy of the 26th applicant's representation dated 5.12.2019 Annexure-A71: True copy of the 27th applicant's representation dated 29.11.2019 Annexure-A72:True copy of the 28th applicant's representation dated 29.11.2019 Annexure-A73:True copy of the 29th applicant's representation dated 29.11.2019 Annexure-A74:True copy of the 30th applicant's representation dated 29.11.2019 Annexure-A75:True copy of the 31st applicant's representation dated 29.11.2019 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 29 Annexure-A76:True copy of the 32nd applicant's representation dated 29.11.2019 Anexure-A77:True copy of the 33rd applicant's representation dated 29.11.2019 Annexure-A78:True copy of the 34th applicant's representation dated 29.11.2019 Annexure-A79:True copy of the 35th applicant's representation dated 29.11.2019 Annexure-A80:True of the 36th copy applicant's representation dated 29.11.2019 Annexure-A81:True copy of the 37th applicant's representation dated 29.11.2019 Annexure-A82:True copy of the 38th applicant's representation dated 08- 12.2019 Annexure-A83:True copy of the 39th applicant's representation dated 6.12.2019 Annexure-A84:True copy of the 40th applicant's representation dated 12.12.2019 Annexure-A85:True copy of the 41st applicant's representation dated 11.12.2019 Annexure-A86:True copy of the 42nd applicant's representation dated 11.12.2019 Annexure-A87:True copy of the 43rd applicant's representation dated 12.12.2019 Annexure-A88:True copy of the 44th applicant's representation dated 12.12.2019 Deepa S 2026.01.30 17:23:46+05'30' O.A.No.642/2021 30 Annexure-A90:True copy of the order dated 3.12.2020 O.Α. No.578/2020 of this Hon'ble Tribunal Annexure-A92:True copy of the 1st applicant's Annual Statement for the Financial Year 2006-2007 issued by the Pay and Accounts Officer Annexure-A93:True copy of the 1st applicant's Annual Statement for the Financial Year 2007-2008 issued by the Pay and Accounts Officer Annexure-A94:True copy of the 1st applicant's NPS Transaction Statement from 1.4.2020 to 31.3.2021 issued by NSDL e-Governance Infrastructure Limited, Central Record keeping Agency Annexure R1 (A): True copy of the Resolution No.5/7/2003-ECB&PR dated 10.10.2003 issued by the Ministry of Finance Annexure R1 (B): True copy of the Govt of India Gazette Notification bearing F.No.5/7/2003-ECB&PR dated 22.12.2003 ************ Deepa S 2026.01.30 17:23:46+05'30'