Ashok Kumar Chaurasia & Others vs Secretary, Department Of Expenditure & Others

Pradeep Kumar, Member (A)

1.0 The applicants herein had responded against the vacancy Notification issued in the year 2003. They appeared in the Combined Preliminary

(Graduate Level) Examination of 2003 which was held in May 2003 and thereafter in the main examination held in September, 2003. The result was

declared on 01.04.2004 and the offers of appointment were issued in the period May to September, 2004 to various applicants. Subsequently, medical

examination and Police Verification were undertaken. Thereafter, they joined the department.

2.0 Meanwhile, a New Pension Scheme (NPS) was introduced for all those who were joining after 01.01.2004. The applicants plead that the

vacancies against which they were recruited pertain to period prior to 1.1.2004, when Old Pension Scheme was applicable, and they need to be

covered under Old Pension Scheme, as they are not responsible for any delays.

3.0 Further, in many such cases, the similarly placed employees, had approached the judicial forum and pleaded that they need to be covered under

Old Pension Scheme. Their pleas were considered and allowed by the judicial forum. In this regard, reliance was placed on the judgment Dt.

13.1.2020 by Hon’ble High Court of Delhi in W.P (C) No. 323/2020 in the matter ofA shok Kumar Sheoran vs. Union of India. Several other

judgments were also relied upon.

4.0 The applicants also plead that in the wake of these judicial pronouncements, the Department of Pension and Pensioners Welfare have issued an

OM dated 17.02.2020 specifying therein certain situations when Old Pension Scheme is to be made applicable. It is however pleaded that this OM

does not correctly define as to when a selection is to be treated as Final. They plead for certain correction in this OM.

5.0 Seeking the benefit of Old Pension Scheme, since the vacancies were for the year 2003, the applicants have made several representations dated

28.01.2020, 30.01.2020 and 07.02.2020. However, there has been no response. The applicants have also assailed certain paragraphs of the OM issued

by the Department of Pension and Pensioners Welfare dated 17.02.2020. Seeking relief, the instant OA has been preferred.

6.0 Issue notice. Learned counsel Sh. Shamsuddin Khan, who appears on behalf of respondents, accepts notice.

7.0 At this stage, learned counsel for the applicant further pleads that they shall be satisfied if some directions can be issued to the respondents to

decide their pending representations, duly keeping in view the judicial pronouncements as have been averred in their representations by passing a

reasoned and speaking order in a time bound manner.

8.0 Matter has been considered. The Tribunal is of the view that no prejudice is likely to be caused to the respondents, if such a request of the

applicants is agreed to.

9.0 In view of foregoing, the present OA is disposed off at the admission stage itself, without going into the merits of the case, with a direction to the

respondents to pass a reasoned and speaking order on the pending representations of the applicants, duly keeping into account the extant policy

directives and the judgments by the judicial fora mentioned in their representations, within a period of twelve weeks, under advice to the applicants.

The applicant shall have liberty to approach the Tribunal, if some grievance still subsists.

10.0 Pending MA No.325/2021 filed for joining together also stands disposed off.

No costs.