- Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training, vide no. No.25011/02/2021-AIS-II(Pension), dated 13/07/2023, has asked all the Chief Secretaries, all State Governments and UTs, Coverage under All India Services (Death Cum Retirement Benefits) Rules, 1958, in place of National Pension System, of those members of All India Services who were recruited against the posts/vacancies advertised/notified on or before 22.12.2003.
Mohit Mehra
Jammu, July 24: Junior Assistant appointed till 2013 under different recruitment notification from 2006 to 2009 have urged upon LG Manoj Sinha for their inclusion into old pension scheme (OPS), as the scheme was enacted at the time of advertisement of recruitment notification.
The High Court of J&K, issued three advertisement notifications from time to time bearing Notification No. 8/PSY dated 1-4-2005, Notification No. 157/PSY/2006, dated 11-8-2006 and Notification No. 106 dated 9-4-2009, for filling up a number of posts of Junior Assistants in the subordinate Judiciary of Jammu as well as Kashmir Province.
The applicants being fully eligible applied for the said posts in pursuance of the above mentioned notifications. However, for one reason or the other, the said selection process got delayed. Subsequently, a combined written test of the candidates, who applied in pursuance of all the three advertisements notifications, was conducted.
Thereafter, the High Court of J&K, issued the appointment orders dated 31-8-2013, for both the provinces of the then State of J&K. By virtue of the said appointment orders, the applicants were also appointed. The merit wise selected candidates were appointed in both the provinces of the then State of J&K.
That it is most respectively submitted that by that time the applicants were appointed, the Government of J&K, Finance Department, issued an SRO No. 400 dated 24-12-2009, by virtue of which, certain amendments were made in the J&K Civil Services Regulations, 1956. By virtue of the said amendment, in Article 167 of the said Regulations, which deals with Pension Rules under the caption “Section-I Extent of application”, after exception-5, the following provision was added as exception (6).
The State Government Employees appointed on or after 1-1-2010, shall be governed by “New Pension Scheme” as per Article 249-M (B) added after 249-M (A) and accordingly, the existing Pension Rules shall not be applicable to Government Employees appointed or brought on regular establishment on or after 1-1-2010”.
It is, thus, clear that the New Pension Scheme which was introduced in terms of SRO 400 dated 24-12-2009, was to be made applicable to the Government Employees who were appointed or brought on regular establishment on or after 1-1-2010.
Since the applicants were appointed in the year 2013, their services were brought under the purview of said SRO. It is pertinent to mention herein that the Government of India, Ministry of Finance, Department of Economic Affairs ECB and PR Division, issued a notification bearing No. F. NO. 5/7/2003-ECB & PR, dated 22-12-2003, whereby, the New Pension System was introduced by the Government of India, for all new recruits to the Central Government services from 1-1-2004 (except Armed Force in the 1st stage). Thus, the New Pension System/Scheme was introduced by the Government of India for Central Government Employees who were appointed or brought under regular establishment on or after 1-1-2004.
The notification dated 22-12-2003, issued by Government of India (GoI), which was made the basis for issuance of SRO 400 dated 24-12-2009, issued by Government of J&K. A number of Central Government Employees (CGE) throughout India, whose services were brought under the New Pension System/Scheme, in terms of the notification dated 22-12-2003, made numerous representations to the GoI, Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare, requesting it for extending the benefits of Old Pension Scheme (OPS) issued under the 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 (NPS). They also referred to a number of judgments passed by the High Courts (HCs) and Central Administrative Tribunals (CATs) , in India, whereby, such benefits were allowed by the Courts to the petitioners/applicants therein. Responding to the request made by the Central Government Employees, the Government of India, Ministry of Personnel Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare, issued an office memorandum dated 3-3-2023, wherein, it has been stated that the matter was examined in consultation with the Department of Financial Services, Department of Personnel and Training, Department of Expenditure and Department of Legal Affairs in the light of the said representations/ references and decision of the Courts in that regard and it had been decided that in all cases where a Central Government Civil employee has been appointed against a post or vacancy, which was advertised/notified for the recruitment/appointment, prior to the date of notification for National Pension System i.e 22-12-2003, and was covered under the said NPS, on joining service on or after 1-1-2004, may be given one time option to be covered under the CCS (Pension) Rules, 1972 (now 2021). In the said office memorandum, it has also been stated that the said option was required to be exercised by the concerned Government Servants latest by 31-8-2023. It was also stipulated in the said office memorandum that those Government Servants who are eligible to exercise the said option, but who do not exercise the same by the stipulated date, should continue to be covered by the National Pension System.
After issuance of the said office memorandum dated 3-3-2023, Government of India, Ministry of Personnel Public Grievances and Pensions, DoPT, issued a notification dated 13-7-2023, to all the Chief Secretaries of all the State Governments and Union Territories of India, wherein, it has been stated that the matter was examined in consultation with the Department of Expenditure and it was decided that All India Services (AIS) Officers, who were appointed against the posts/vacancies which were advertised/notified for recruitment prior to the date of notification on National Pension System (i.e 22-12-2003) and who were covered under NPS on joining service on or after 1-1-2004, may be granted one time option to be covered under the provisions of Old Pension Scheme under AIS (DCRB) Rules, 1958. It was further stipulated in the said notification that such officers were also required to be exercise the said option. It was also stipulated therein that the option so exercised by the members of the service in accordance with the said instructions dated 13-7-2023, should be placed before the Government of the State on whose cadre the member of service was borne. It was further stipulated in the said notification that the option was required to be exercised by the concerned members of the service latest by 30-11-2023.
It was also stated therein that the members of service who are eligible to exercise the said option, but who do not exercise the same, should continue to be covered by NPS. In para 7 of the said instructions dated 13-7-2023, it was stipulated that in case, the member of service fulfilled the conditions for coverage under AIS (DCRB) Rules 1958, in accordance with the said instructions, necessary order in that regard should be issued latest by 31-1-2024. It was also stipulated in para 7 that the NPS account of such members of service should consequently be closed with effect from 31-4-2024.
As already submitted above, the notifications were issued by the High Court for appointment of Junior Assistants in Subordinate Judiciary of Jammu as well as Kashmir province. The said notifications were issued on 1-4-2005, 11-8-2006 and 9-4-2009. As already submitted above, the applicants applied for the said posts in pursuance of the aforesaid notifications. Unfortunately, the selection process could not culminate into the issuance of the appointment orders in favour of the applicants as the selection process got delayed for one reason or the other. In the mean time, the Government of J&K, issued SRO 400 dated 24-12-2009, which was made applicable to the then State Government Employees appointed on or after 1-1-2010 and consequently, the services of the applicants were brought under the purview of the said SRO i.e New Pension Scheme. It is clear that for no fault of the applicants, their services were not brought under the Old Pension Scheme. That the applicants, therefore, are similarly situated to those Central Government Employees who have been appointed against the posts or vacancies which was advertised/ notified for recruitments/ appointments , prior to the dated of notification for National Pension System i.e 22-12-2003 and have been covered under the National Pension System on joining service on or after 1-1-2004 and who have been given one time option to be covered under Old Pension Scheme under CCS (Pension) Rules, 1972 (now 2021). The applicants, therefore, also deserve to be given the said option on the same lines and on the same terms and conditions as stipulated in the office memorandum dated 3-3-2003 as well as instructions dated 13-7-2023, both issued by the Ministry of Personnel Public Grievances and Pensions, Department of Personnel and Training.
