Central Administrative Tribunal - Ernakulam
Rajesh Kumar C V vs Southern Railway on 6 June, 2023
1
Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00641/2021
Monday, this the 5th day of June, 2023
CORAM:
Hon'ble Mr. Justice K.Haripal, Judicial Member
Rajesh Kumar C.V
Aged 44 years
S/o.C.G.Vasudeva Panicker
Junior Engineer/Signals/Kottayam Railway Station
Southern Railway, Residing at: Suvarna House
Evoor North P.O.Cheppad
Alappuzha Dt.-690 507 - Applicant
(By Advocate: Mr.T.C.Govindaswamy, Mrs.Kala T.Gopi & Adv.Sajeevan
Kurukkuttiyullathil)
Versus
1. Union of India represented by the
General Manager, Southern Railway
Headquarters Office,
Park Town P.O, Chennai-600 003
2. The General Manager, South Western Railway
Headquarters Office
Hubli - 580 020, Dharward District
Karnataka
3. The Divisional Railway Manager (Personnel)
South Western Railway, Bangalore Division
Bangalore - 560 018, Karnataka
4. The Railway Recruitment Board
No.18 Millers Road, Bangalore-560 046
Represented by its Secretary
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5. The Senior Divisional Personnel Officer
Southern Railway, Trivandrum Division
Trivandrum - 695 014
6. The Secretary to the Government of India
Ministry of Personnel Public Grievances and
Pensions, Department of Pensions and
Pensioners Welfare, New Delhi - 110 001 - Respondents
(By Advocates : Mrs.O.M.Shalina, SCGSC)
The O.A having been heard on 5 th June, 2023, this Tribunal on the same
day passed the following :
O R D E R (ORAL)
Applicant, a Junior Engineer in Southern Railway, was appointed on 19.7.2004. He had applied for the post pursuant to the notification issued on 23.11.2003 and the process of selection had commenced prior to 1.1.2004. The result of the written examination was published on 23.12.2003 and the hall ticket for participating in the aptitude test was issued on 31.12.2003. Hence, he claims that though he was appointed only on 19.7.2004, is entitled to get the benefit of the old pension scheme. He is aggrieved by non-consideration of the same and has approached this Tribunal for a declaration that the he is entitled to be included under the Railway Service (Pension) Rules 1993 as existed prior to 1.1.2004 .
2. The respondents filed a reply statement. I heard counsel on both sides. The learned counsel for the applicant has placed reliance on an earlier order passed by this Tribunal in O.A 180/000555/2020 dated 3.4.2023 as well.
3. During the pendency of the Original Application, an Office Memorandum No.57/05/2021-P&PW(B) dated 3 rd March, 2023 has been 3 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare which recognizes the right of employees, who are appointed against a post or vacancy which was advertised/notified for recruitment/appointment, prior to the date of notification for National Pension System, that is 22.12.2003, to submit a fresh one-time option and are entitled to get the benefits of the old pension scheme/CCS (Pension) Rules, 1972. Following the said O.M, the Ministry of Railways has issued an order on 10.3.2023 adopting the same.
4. Now the applicant submits that he has also submitted Annexure A-10 fresh option seeking to bring him under the old pension scheme.
5. In the light of the same, I have no doubt that the fresh option given by the applicant shall be considered as per Rules. The respondents are directed to consider Annexure A-10 option within a period of 90 days from the date of receipt of a copy of this order.
6.. With the above observation, the Original Application is disposed of. No costs.
(Dated this the 5th day of June, 2023) Justice K.Haripal Judicial Member sv 4 List of Annexures Annexure A1- A true copy of the extract of Notification bearing Employment Notice bearing No.1/2003 issued by the Railway Recruitment Board Bangalore dated 3.6.2003 as appeared in Mathurbhumi Thozhil Vartha dated 5.7.2003 along with its true translation Annexure A2- A true copy of the Officer-cum-Appointment Order as regards the applicant bearing No.B/P.563/V/DAT/Vol.III dated 30.6.2004 Annexure A3- A true copy of the Office Order bearing No.MECH/RNG/31/05/07 dated 25.5.2007 issued on behalf of the 3rd respondent appointing the applicant as Junior Engineer/Signal.
Annexure A4- A true copy of the judgment in WP(C) No.756/2020 dated 28.1.2020 rendered by the Hon'ble High Court of Delhi Annexure A5- A true copy of the order of Hon'ble Central Administrative Tribunal in O.A No.3794/2018 dated 16.9.2019 Annexure A6- A true copy of the Order bearing No.57/04/2019/P&PW(B) dated 17.2.2020 issued by the sixth respondent DoP&PW Annexure A7- A true copy of the Railway Board order bearing No. order bearing RBE No.28/2020 dated 3.3.2020 Annexure A8- A true copy of the Circular No.PBC 46/2020 dated 18.3.2020 issued on behalf of the 1st respondent Annexure A9- A true copy of the representation dated 26.5.2020 along with the option submitted by the applicant Annexure A10- A true copy of the option submitted by the applicant dated 15.5.2023.///