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SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.12.05 17:12:15+05'30' O.A.No.170/00341/2024/CAT/BANGALORE

7. The respondent no 3 vide O. M dated 27.08.2012, announced a revision in the pay of the applicant after recognizing due pay protection from his last pay drawn on his exit from ISRO and that it was made through the proper channel. The applicant gave a representation vide letter dated 28.05.2020 to respondent no 3 seeking to be covered under the CCS (Pension) Rules 1972 and for switchover from CPF/NPS to GPF scheme. The respondent no 4 Section officer of NAL, vide O.M dated 13.07.2020 refused to accede to the request of the applicant to switch over from CPF to GPF scheme on the grounds that he was covered under CPF at ISRO and was governed under NPS w.e.f 14.09.2006 on his joining CSIR-NAL.

12. We have carefully gone through the entire record and considered the rival contentions.

13. The basic fact of the applicant is that he was earlier appointed as a Scientist on 03.11.2000 by the Indian Space Research Organisation (ISRO Sriharikota) and his pay scale was covered under the CPF Scheme at the time of joining the Organization. He joined and completed his probation and was confirmed in service, and from Scientist 'SC' he was promoted to Scientist 'SD' on 01.07.2005. In ISRO an O. M SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.12.05 17:12:15+05'30' O.A.No.170/00341/2024/CAT/BANGALORE No.SCF:PGA:ESTT-111:1.16 dated 16.7.2001 was issued by respondent no.6 with the subject, "Exercise of Option - Switchover to GPF and Pension Scheme from CPF in respect of Scientific and Technical Personnel - Regarding." which is marked as Annexure A-3 which inter-alia other things mentioned that:

Simple reading of the above shows that the applicant's earlier service at ISRO was duly recognized, and his pay was protected. Further, the contents of Annexure A-24 with the subject, "Instructions to switchover from CPF Scheme to Pension Scheme - reg." are not denied. The order of CSIR which is applicable to the applicant's present employer, NAL dated 6.04.2011, No.5-1(58)/2008-PD, wherein, inter-alia, other things it mentions that:

We are of the firm opinion that in an unusual case like this where factual position and legal implications of clauses are not easily appreciated, there cannot be any justification to deny the benefit of beneficial default option of GPF/CPF policy, and all other consequent benefits to the applicant merely on the ground that unwittingly the applicant received the proceed of his CPF from his previous employer. Further, it is not denied that the previous service of the applicant has been duly considered by the respondents, his new employer, vide O.M. dated 27.8.2012 and his pay is revised after reckoning due pay protection from his last pay drawn on his exit from ISRO as per rule.