Central Administrative Tribunal - Allahabad
Naresh Babu vs Field Gun Factory on 13 January, 2026
O.A. No.330/748 of 2022
(Reserved on 08.01.2026)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD
Pronounced on 13th day of January, 2026
Original Application No.748 of 2022
Hon'ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative)
1. Naresh Babu, a/a 55 years, S/o Sri Sughar Singh, R/o 97-A,
Maswanpur, Rawatpur, Kanpur Nagpur
2. Chandreshwar Kushwaha, a/a 39 years, S/o Sri Ramanand, R/o
116/507 Rawatpur Gaon Rawatpur, Kanpur Nagar
3. Vishambhar Nath Pandey, a/a 46 years , S/o Sri Jagdish Narain
Pandey, R/o Galla Mandi, Vijay Nagar, Kanpur Nagar
4. Satyapal Singh, a/a 41 years, S/o Sri Ram Singh, R/o NT-II/443
Armapur Estate, Kanpur Nagar
5. Pramod Kumar, a/a 47 years, S/o Shri Munshi Lal Goswami, R/o
618/1550, EWS Ratanpur Colony Panki, Kanpur Nagar
6. Girija Shanker Upadhyay, a/a 46 years, S/o Sri Nand Kishore
Upadhyay, R/o 810/10 Vijay Nagar Colony, Kanpur Nagar
7. Brijesh Kumar Upadhyay, a/a 48 years, S/o Sri Kanhaiya Lal
PUNIT KUMAR
Upadhyay, R/o A 69 MIG, Awas Vikas, Hamirpur Road
MISHRA
Naubasta, Kanpur Nagar
8. Bipin Kumar, a/a 46 years, S/o Sri Hari Kishore, R/o G-1/55
Armapur Estate, Kanpur Nagar
9. Ghanshyam Singh, a/a 48 years, S/o Sri Baliram Singh, R/o 9
Mini LIG Mahabalipuram, Panki Marg, Kalyanpur, Kanpur Nagar
10. Mohan Lal, a/a 43 years, S/o Sri Jay Lal, R/o G-1/58, Armapur
Estate, Kanpur Nagar
11. Binay Kumar singh, a/a 51 years, S/o Sri Raj Kishore Singh, R/o
G-1/153, Armapur Estate, Kanpur Nagar
12. Jitendra Kumar Singh, a/a 45 years, S/o Sri Rama Shankar
Singh, R/o G-2/375, Armapur Estate, Kanpur Nagar
....Applicants
By Advocate: Shri S.J. Ishtiaque
VERSUS
Page 1 of 16
O.A. No.330/748 of 2022
1. Union of India, through Secretary, Ministry of Defense, New
Delhi
2. Government of India, Ministry of Personnel, Public Grievances
and Pension (Department of Pension and Pensioners‟ Welfare),
North Block, New Delhi
3. The Directorate of Ordinance (Coordination & Services) Ayudh
Bhavan, 10-A, S.K. Bose Road, Kolkata 700001
4. CMD, Advance Weapons & Equipment India Limited, Kalpi
Road, Kanpur
5. The General Manager, Field Gun Factgory, Kanpur
... Respondents
By Advocate: Shri Vinod Kumar Shukla
ORDER
By Justice Rajiv Joshi, Member (Judicial):-
Though the matter was heard along with O.A. No.259/2024, but for better appreciation of the matter, the case is being disposed of separately.
2. Heard Shri S.J. Ishtiaque, learned counsel for the PUNIT KUMAR applicants and Shri Vinod Kumar Shukla, learned counsel for the MISHRA respondents at the time of hearing.
Reliefs sought by the applicants:-
3. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicants, who are 12 in numbers for the following reliefs:
(i) to issue a writ order or direction in nature of mandamus commanding to the respondents to consider the applicants for covering under CCS (Pension) Rules, 1972 in place of NPS in the light of administrative Directions as well as judicial pronouncement by Hon'ble Delhi High Court and confirmation by Hon'ble Apex Court.
(ii) to issue any appropriate order/direction which this Hon'ble Tribunal may deem fit and appropriate in the present facts and circumstances of the case.
(iii) Award cost of the petition to the applicants.Page 2 of 16
O.A. No.330/748 of 2022 Facts of the case:-
4. The brief facts as stated in the Original Application is that the applicants are the employees of Field Gun Factory, Kanpur, an unit of Department of Defence Production, under the Ministry of Defence. The applicants being Ex-Trade Apprentices, were initially appointed through proper selection procedure, which was started in 2003 in pursuance of Ordnance Factory Board, Kolkata (hereinafter referred as „OFB, Kolkata), letter No. 800/Manpower/2000-2001/A/I dated 02-09- 2003 and Fax No. 844/Manpower/CO/PW dated November, 2003, by which, the Chairman, OFB, Kolkata sanctioned 15 post of Semi Skilled Industrial Employees to Field Gun Factory, Kanpur. The Director General, Ordnance Factories had directed the General Managers, Ordnance Factories to follow a uniform principle in deciding the seniority of batch while recruiting Ex-Trade Apprentices vide letter dated 15.12.2003. Vide Notification dated 11.12.2003, the Ex-Trade Apprentices were asked to submit certain information to complete the PUNIT KUMAR MISHRA database of Ex-Trade Apprentices.
4.1 Thereafter, the applicants were appointed and asked to join on the post of various Semi-Skilled technical posts after due process of law vide letters issued by competent authority in 2004. As the selection process of the applicant was started prior to implementation of New Pension Scheme i.e. 22.12.2003, the applicants are also entitled for Old Pension Scheme and as such, they represented before the respondents on several occasions, but no heed was paid. Hence, this Original Application has been filed.
5. On the other hand, counter reply was filed on 02.03.2023, wherein it has been stated that as per the directive vide the then OFB letter No.570/A/I/(iii) dated 15/20.10.1999, ex Trade Apprentices were Page 3 of 16 O.A. No.330/748 of 2022 called as and when the vacancy arose in order of their batch wise seniority. The instruction was also issued by OFB Letter dated 15.12.2003 regarding to maintain the seniority of ex-Trade Apprentices. The exercise to correct/upade the database of Ex-Trade Apprentices were initiated in the month of December, 2003. For appointment of the Trade Apprentices, the following conditions were laid down by the Ordnance Factory :-
4(ii) As and when vacancies arise and factories are permitted to make direct induction in the first instance, ex-trade apprentices of their own factory will be considered for recruitment. 4(iii) Selection process is based on fitness cum seniority. Only trade test will be conducted to ascertain whether the ex -trade apprentice is fit for the job or not. If he is unfit (i.e. he failed in trade test), he is to be excluded. Amongst the candidates who pass the trade test, and are therefore fit, the selection will be done on seniority. The suitability or otherwise of the candidate is to be determined by the selection board in the test.
5.1 After scrutiny of documents, ex-Trade Apprentices were issued letters between February' 2004 to September 2004 to consider their candidature provisionally for recruitment at Field Gun Factory in PUNIT KUMAR MISHRA Semi-skilled grade of respective technical trades, wherein, candidates were advised to report at factory premises on the respective dates as mentioned in their fetter along with original documents mentioned therein. Further, the candidates were given training and clearly informed that on completion of practical training, they will be subject to Practical Test by a Selection Board and those selected in practical test will be appointed as per their seniority in the National Council for Vocational Training (hereinafter referred as NCVT) to the extent of number of vacancies in respective trade.
5.2 After passing the said test only, the recruitment process was concluded, and the candidates, who passed the said test, were selected for recruitment. The said procedure is the same as mentioned Page 4 of 16 O.A. No.330/748 of 2022 in the then OFB letter no 570/A/I/(III) dated 15/20.10.1999 for recruitment of Ex-Trade Apprentices in OFs.
5.3 In case of Shri Naresh Babu, one of the applicant letter no. 1610/Ex-TA/LB dated 26.02.2004 was issued to applicant to report Field Gun Factory on 15.03.2004 and the training was scheduled from 15.03.2004 to 20.03.2004 followed by Practical Test i.e. Trade Test, by Selection Board on 22.03.2004 and on successful passing the said test only the offer of appointment was issued individual to the on 05.06.2004 and subsequently appointed on 11.06.2004. The Trade Test of the applicants were started from March, 2004 and as such, recruitment /examination process was not concluded on or before 22.12.2003, the respondents have rightly not granted the benefit of Old Pension Scheme to the applicants. Hence, instant original application is liable to be dismissed.
6. In reply, rejoinder affidavit has been filed by the applicant on 11.04.2023, wherein reiterated the same averment as made in PUNIT KUMAR MISHRA Original Application.
7. A supplementary counter affidavit has been filed from the side of the respondents on 10.10.2023, wherein it has been stated that the post in question was not sanctioned in 2003 as no document has been annexed in this regard.
8. In reply, rejoinder affidavit has been filed by the applicant on 29.02.2024, wherein it has been stated that the applicant was initially appointed through proper selection procedure, which was started in pursuance of OFB, Kolkata letter dated 20.10.2003 for selection against 30 sanctioned post and the process of final selection was completed by the competent Authority as per their convenience and there was no role of the applicants.Page 5 of 16
O.A. No.330/748 of 2022 Argument of the learned counsel for the applicants
9. Learned counsel for the applicants submitted that the entire recruitment process for the present applicants started well before 22.12.2003. This is because these are internal recruitments, not through advertisement in the newspapers. The applicants were already in apprentice-ship with the respondents starting from various dates prior to 22.12.2003. Hence, the recruitment process has started well before the cut of date of 22.12.2003. In support of his arguments, learned counsel for the applicants refers to the Department of Personnel & Training (hereinafter referred as DoP &T) Office Memorandum (hereinafter referred as „OM‟) dated 03.03.2023 (appended in Rejoinder Affidavit), particularly, paragraph 4 of the same, which is reproduced as under:-
"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 PUNIT KUMAR MISHRA 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."
9.1 Learned counsel for the applicants further referred to particularly phrase "post or vacancy which was advertised/notified for recruitment/appointment, prior to 22.12.2003". He refers to the letter dated 02.09.2003 and submitted that the entire recruitment process for 15 vacancies in Field Gun Factory, Kanpur has been initiated from September 2003 though these applicants joined on various dates after 01.01.2004. In view of this, the applicants are entitled to be covered Page 6 of 16 O.A. No.330/748 of 2022 under the Old Pension Scheme as per paragraph 4 of the DOPT OM dated 03.03.2023.
9.2 In support of his contentions, the learned counsel for the Applicants has furnished the following judgments, which mainly have considered the date of requisition to recruitment agencies and year in which vacancies arose:
(i) The Judgment of Apex Court in J&K Public Service Commission Vs Dr. Narinder Mohan, (1994) 2 SCC 630
(ii) The judgment of Allahabad High Court in WP No. 41961/2006 in Rakesh Bhardwaj S/o Late Satyadev Vs State of U.P. through Principal 9.3 Learned counsel for the applicants lastly argued that recently, the issue involved in this Original Application has already decided by the CAT Principal Bench at New Delhi in case of Lokendra Kumar Sharma & Ors. Vs. Secretary, Department of Defence Production & Ors. (O.A. No.976/2024) vide its order dated 07.01.2025 after considering the aforesaid judgments. He further PUNIT KUMAR MISHRA submitted that this case may also be disposed of in view of the observations as made in O.A. No.976/2024 passed by CAT Principal Bench, New Delhi.
Argument of the learned counsel for the respondents
10. On the other hand, learned counsel for the respondents vehemently opposed the contention of the learned counsel for the applicants and submitted that the process of advertisement to the vacancies did not start prior to 22.12.2003. Rather, the process of recruitment started after 22.12.2003. The Applicants, who were ex Trade Apprentices of OFM were called for trade test/Interview to be held in March, 2004 onwards and the same was communicated to the respective Applicants in 2004 itself.
Page 7 of 16
O.A. No.330/748 of 2022 10.1 In view of the above, learned counsel for the respondents submits that the process for trade tests and interview were started on 15.03.2004 well after 22.12.2003. In view of this, the applicants are not entitled to benefits of OPS as per para 4 of the DOPT OM dated 03.03.2023. Actually, the circular notice for the trade test and interview was issued in 2004 and hence, this cannot be considered from the date of advertisement for recruitment to the applicants.
11. We have considered the submissions so raised by the learned counsel for both the parties and perused the records.
ANALYSIS
12. 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. For ready reference, OM dated 03.03.2023 reads as under:
PUNIT KUMAR MISHRA "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 Government servants appointed on or after 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 Page 8 of 16 O.A. No.330/748 of 2022 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 onetime 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.
PUNIT KUMAR MISHRA 5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who 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: Page 9 of 16
O.A. No.330/748 of 2022 i. Adjustment of Employees' contribution in Accounts:
Amount may be credited to individual's GPF account and the account may be recasted permitting upto-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 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 PUNIT KUMAR MISHRA mandated under Article 148(5) of the Constitution of India. 12.
Hindi version will follow."
(emphasis supplied)
13. 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, an OM 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 Page 10 of 16 O.A. No.330/748 of 2022 01.01.2004 and were covered under NPS, to be covered under CCS Rules, 1972( Now Rules, 2021).
14. 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).
15. 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 have been sanctioned by Ministry of Defence/OFB, date of communication from OFB for recruitment against such vacancies may be considered at cut PUNIT KUMAR MISHRA off date for considering eligibility of Government servant for coverage under CCS (Pension) Rules. The date of notification/sanction of vacancy/post should be taken as the date for deciding the eligibility for coverage under CCS (Pension) Rules. The said justification has been given in line with Supreme Court judgment dated 07.12.1993 in the case of J & K Public Service Commission Vs. Dr. Narinder Mohan (supra) and in the case of Rakesh Bhardwaj Vs. State of U.P., Hon'ble High Court, Allahabad (supra). 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 Page 11 of 16 O.A. No.330/748 of 2022 vacancy/post for the recruitment should be taken as the date for deciding eligibility for coverage under CCS (Pension) Rules.
16. 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 for coverage under Old Pension Scheme and the relevant date of notification for recruitment must be prior to 22.12.2003.
17. Now coming to the peculiar facts of the case in hand. All the applicants are ex-Trade Apprentice in OFM and as per the respondents/ OFB, direction, 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.
18. The important aspect of the case in hand, the Chairman, PUNIT KUMAR MISHRA erstwhile OFD, sanctioned induction of 15 semi-skilled Industrial Employees in question through direct recruitment for OFM vide notification no. 800/manpower/2000-2001/A/I dated 02.09.2003. The notification dated 02.09.2003 for appointment of 15 semi skilled industrial employees posts is prior to 22.12.2003 and for proper adjudication of the matter, same is reproduced herein below:-
No. 800/Manpower/2000-2001 /A/I Date 02 Sept. 2003 To, The General Manager, Field Gun Factory, Kanpur Sub: Manpower - Sanction of In exercise of the powers vested on Chairman/OFB vide M of D F.No.1640/D(QA)/2002 dt 20-05-2003 for induction of manpower in Ordnance & Ordnance Equipment Factories, the Chairman is pleased to sanction induction of the following manpower through Page 12 of 16 O.A. No.330/748 of 2022 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-15 (Fifteen) Semi-Skilled
02. While initiating action for direct recruitment of manpower as sanctioned above, be factory should strictly follow the following guidelines:
(a) Government instructions issued vide letter No. DGET 50(D2)/933-AP dated 15-03- 1996 circulated under OFB circular No. 370/ 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) Stipulated percentage of vacancies earmarked for promotion (20 % ) in the SRO will be left intact and such vacancies will be filled only by way of promotion.
(d) Similarly, induction will be done only to the extent of authorized grade-wise sanctions/ strength, and if the factory is 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 PUNIT KUMAR MISHRA decided with in approval of Operating Member/Addl. DGOF.
Sd/-
(Gurudutta Ray)Director/IR For Director General, Ordnance Factories"
(Emphasis supplied)
19. It is clear as noon-day from the aforesaid notification dated 02.09.2003, that competent authority-Chairman, erstwhile OFB granted manpower sanction of 15 posts to be filled by direct recruitment by respondents based on available seniority list of ex-trade Apprentices of OFM and only fitness criteria was passing trade test and fitness-cum-seniority on the basis of direct recruitment.
20. In view of above, we are of the considered opinion that in light of the notification dated 02.09.2003 sanctioning 15-semi-skilled posts of OFM, 02.09.2003is the cut-off date in the present case of the Page 13 of 16 O.A. No.330/748 of 2022 applicants for deciding eligibility for coverage under CCS (Pension) Rules and in 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 therefore, held eligible and entitled for switch over to the GPF-cum-OPS under CCS (Pension) Rules, 1972 (now 2021).
21. 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 were recruited against posts/vacancies notified/advertised on or before 22.12.2003. The respondents issued factory Order seeking 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.
PUNIT KUMAR MISHRA So far as contention of learned counsel for the respondents that trade test was conducted and the applicants have given joining after 01.01.2004 is concerned, the competent authority, Chairman, erstwhile OFB vide notification dated 02.09.2003 directed General Manager, OFM to induct 15 semi-skilled Industrial employees through direct recruitment and in cases of ex-trade apprentices recruitment criteria is fitness-cum-seniority of factory wise. The respondents received direction dated 02.09.2003 vide sanction order dated 02.09.2003 to recruit ex-tradesman apprentices for 15 posts and date of notification for posts should be taken as 02.09.2023 and applying OM dated 03.03.2023, all the applicants appointed as semi-skilled Industrial employees are also eligible for GPF-cum-OPS scheme. Therefore, we Page 14 of 16 O.A. No.330/748 of 2022 do not find any force in the submissions of the learned counsel for the respondents.
22. 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, Lokendra Kumar Sharma's case (supra) also recruited as semi-skilled IES based on notification dated 10.07.2003 for manpower sanction for direct recruitment and CAT Principal Bench, New Delhi have 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.
23. 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.
PUNIT KUMAR MISHRA "Judicial discipline envisages that a coordinate Bench follow the decision of an earlier coordinate Bench. If a coordinate Bench does not agree with the principles of law enunciated by another Bench, the matter may be referred only to a larger Bench."
24. 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's case (supra).
25. 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.
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O.A. No.330/748 of 2022 CONCLUSION
26. 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.
27. All the applicants are held entitled for coverage under Pension Scheme under Civil Services (Pension) Rules, 1972 (now 2021).
28. Respondents are directed to allow applicants to switch over to General Provident Fund-cum-Statutory Pension Scheme and to complete the said exercise within a period of eight weeks from the date of receipt/production of certified copy of this order.
29. Accordingly, the OA is allowed
30. All MAs pending in this O.A. also stand disposed off.
31. No order as to costs.
(Anjani Nadan Sharan) (Justice Rajiv Joshi) PUNIT KUMAR MISHRA Member(Administrative) Member (Judicial) PM/ Page 16 of 16