Central Administrative Tribunal - Madras
K S Basheer Ahamed vs Department Of Personnel And Training on 25 April, 2023
OA.00966/2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00966/2022
Dated Tuesday the 25th day of April Two Thousand Twenty Three
CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
K.S.Basheer Ahamed,
S/o.Syed Mohideen,
No.13, Kattupudu Street,
Melapalayam,
Tirunelveli District - 627 005. ... Applicant
By Advocate M/s.T.Ram Kumar
Vs
1. Union of India,
Rep.by the Secretary,
Department of Personnel and Training
North Block,
Central Secretariat,
New Delhi - 110 001.
2. The Deputy General Manager,
Pension Fund Regulatory and Development
Authority,
Chatrapati Shivaji Bhavan,
Qutab Institutional Area,
Katwari Sarai,
New Delhi - 110 016.
3. The Secretary,
Department of Posts,
Postal Directorate,
Dak Bhawan,
New Delhi - 110 002.
OA.00966/2022
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4. The Chief Postmaster General,
Tamilnadu Circle,
Chennai - 600 002.
5. The Postmaster General,
Southern Region,
Tamil Nadu,
Madurai - 625 002.
6. The Senior Superintendent of P.O.S.,
Thirunelveli Division,
Tirunelveli - 627 002. ... Respondents
By Advocate M/s.M.Santhini
OA.00966/2022
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ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA seeking the following reliefs:
a. directing the respondents to take appropriate action to provide minimum assured pension in accordance with Section 20 (2) of the PFRDA Act, 2013 to the applicant in the light of the proceedings of the 2nd respondent under Memo No.PFRDA/17/07/13/0001/2018-SUP-CG (Part I) dated
02.12.2019 within the time frame fixed by this Hon'ble Court.
2. The brief facts of the case in nutshell is as follows:
The applicant has joined in service of the respondent office on 16.05.2011 under the NPS scheme of PFRDA in the year 2004 and on 11.5.2015, a notification was made by PFRDA on exists and withdrawals under the New Pension Scheme. Under the said system 40% of contribute for an employee is invested in the market through the Fund Manager and the fund is managed by PFRDA which determines the amount of monthly pension to accrue to the employee. According to this scheme, the market determines the amount of monthly pension to the employee and there is no guaranteed minimum pension amount of even less than 50% of the pay to employees, making the risk of assurance to applicant for sustenance during the retirement life. Moreover, the scheme is made compulsory to all Government Employees and optional for all other citizens of India, thus making it prejudicial to the applicant. The PFRDA sent information on 13.02.2019, in respect of a letter sent on behalf of All India defence Employees Federation stating that the proposal of guaranteed pension to the Central Government Employees under NPS is in process. The applicant made a representation dated 05.01.2021 to PFRDA requesting for minimum assured pension under New Pension Scheme. On said OA.00966/2022 4 representation, no action has been taken by the second respondent and the same is still pending. Hence, the applicant has filed O.A.No.452 of 2021, seeking direction to take appropriate action to ensure fixed monthly pension under the NPS Scheme. The said OA.No. 452 of2021 was dismissed by this Tribunal on 19.04.2021 as the prayer in the said application is still under consideration before the respondents and further liberty was granted to exercise appropriate remedy.
Being aggrieved the applicant filed this OA seeking the aforesaid relief.
3. After notice the respondents have appeared through their counsels and filed a short reply and submitted that said policy is under consideration of Government as well as the respondent has acted as per the Government of India Gazette notification dated 22.12.2003 and has no role to assure minimum pension to the applicant. Hence, OA is to be dismissed with devoid of merits.
4. Heard Learned Counsel M/s.T.Ramkumar for applicant and Learned Counsel M/S.M.Santhini for respondent. Perused the records and relevant documents.
5. The learned counsel for the applicant has vehemently argued that by letter dated 13.02.2019, the respondents have communicated the Section 20(2) of the PFRDA Act, 2013 provides for option to invest in scheme providing minium assured return as notified by the authority and that the matter is under consideration of the authority and no action has been taken in the matter. The applicant has filed O.A.No.452 of 2021 before this Tribunal challenging the order dated 02.12.2019 and to ensure fixed monthly pension under the NPS Scheme. The said OA was dismissed as withdrawn by order dated 19.04.2021. Since there was no final decision OA.00966/2022 5 has been taken on said proposal accordingly he filed present OA and prayed for the aforesaid relief.
6. Heard both sides.
7. It is to be noted that the said proposal is still in consideration before the respondent and no final decision is taken in the matter and same is pending for a long period. Therefore, the respondent are directed to take a decision on the said proposal at the earliest.
8. OA is disposed of. No order as to cost.
(Lata Baswaraj Patne) Member (J) 25.04.2023 IG