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Judgment
Aradhana Johri, Member (A)
Mr Ranjit Sharma, learned counsel appeared for the applicants. Mr H D Sharma, learned counsel appeared for respondents.
This OA has been filed by the applicants, who are 31 in number, for granting of benefits of old pension scheme along with GPF and other consequential benefits. The applicants have challenged Maulana Azad Medical College, Government of NCT of Delhi order no. F26/01/03/Misc/mc/E-I/11490 dated 26.05.2017 (Annexure A1), by which it was communicated that the National Pension Scheme is applicable/mandatory for all recruits joining the service on or after 01.01.2004. The applicants have filed a table ( Annexure A2) which gives the status of their date of selection, date of acceptance and date of joining, which is reproduced below:-
Sl No
Name & Date of Birth
Post
Date of selection Letter
Date of acceptance
Date of joining
1
Kuldeep (01/01/1978)
Safai Karamchari
11/12/2003
15/12/2003
18/12/2003 (GPF)
2
Phool Singh (23/06/1978)
Safai Karamchari
11/12/2003
13/12/2003
31/12/2003 (GPF)
3
Parveen Kumar (05/04/1977)
Chowkidar
11/12/2003
13/12/2003
02/01/2004
4
Bhupender Patuna (16/06/1984)
Lab Assistant
13/12/2003
15/12/2003
02/01/2004
5
Sudesh (03/09/1974)
Safai Karamchari
11/12/2003
15/12/2003
02/01/2004
6
Raj Kumar-I (01/06/1976)
Safai Karamchari
11/12/2003
15/12/2003
02/01/2004
7
Sunil Kumar-II (13/08/1979)
Safai Karamchari
11/12/2003
13/12/2003
02/01/2004
8
Vijay Kumar (10/08/1981)
Safai Karamchari
11/12/2003
13/12/2003
02/01/2004
9
Manoj (22/05/1981)
Safai Karamchari
11/12/2003
13/12/2003
02/01/2004
10
Rajeshwari (10/06/1971)
Safai Karamchar
11/12/2003
13/12/2003
03/01/2004
11
Guddi Devi (04/12/1970)
Safai Karamchari
11/12/2003
13/12/2003
05/01/2004
12
Rajkumari (20/08/1973)
Safai Karamchari
11/12/2003
15/12/2003
05/01/2004
13
Puran Chand (08/10/1976)
Safai Karamchari
11/12/2003
15/12/2003
05/01/2004
14
Babita (01/01/1979)
Safai Karamchari
11/12/2003
13/12/2003
05/01/2004
15
Harvir Singh (01/05/1978)
Chowkidar
11/12/2003
15/12/2003
06/01/2004
16
Anil Kumar-I (13/04/1979)
Safai Karamchari
11/12/2003
15/12/2003
06/01/2004
17
Imam Raza Khan (01/04/1980)
Chowkidar
11/12/2003
13/12/2003
06/01/2004
18
Sushil Kumar-I (28/07/1982)
Safai Karamchari
11/12/2003
15/12/2003
06/01/2004
19
Rajesh (12/06/1972)
Safai Karamchari
11/12/2003
15/12/2003
07/01/2004
20
Ajender (03/09/1972)
Attendant
13/12/2003
15/12/2003
07/01/2004
21
Usha Devi (05/03/1974)
Safai Karamchari
11/12/2003
15/12/2003
07/01/2004
22
Vinod Kumar-II (01/07/1974)
Safai Karamchari
11/12/2003
15/12/2003
07/01/2004
23
Rajkumar-II (01/07/1977)
Safai Karamchari
11/12/2003
15/12/2003
07/01/2004
24
Neeraj Kumar (05/09/1978)
Attendant
13/12/2003
15/12/2003
07/01/2004
25
Jaideep Beniwal (05/11/1970)
Chowkidar
11/12/2003
13/12/2003
08/01/2004
26
Randhir Singh (06/01/1980)
Safai Karamchari
11/12/2003
15/12/2003
08/01/2004
27
Ashu (11/12/1981)
Safai Karamchari
11/12/2003
15/12/2003
09/01/2004
28
Neetu Singh (27/12/1982)
Safai Karamchari
11/12/2003
13/12/2003
09/01/2004
29
Aman Sharma (01/06/1984)
Attendant
13/12/2003
19/12/2003
09/01/2004
30
Rishi Kumar (24/07/1974)
Safai Karamchari
11/12/2003
15/12/2003
15/01/2004
31
Niranjan Singh (04/02/1980)
Attendant
13/12/2003
16/12/2003
15/01/2004
32
Anil Kumar-II (06/05/1972)
Safai Karamchari
11/12/2003
15/12/2003
09/02/2004
33
Vinod Kumar
Safai Karamchari
11/12/2003
15/12/2003
09/01/2004
It is clear from the said table that the date of selection and date of acceptance of 33 persons mentioned in the list is before 01.01.2004. Two of the persons mentioned in the list-Mr Kuldeep and Mr Phool Singh, appearing at serial no. 1 & 2, had joined before 01.01.2004 and they have accordingly been given benefit of GPF. The remaining persons in the list have all joined in the month of January, 2004 except for serial no. 32, Mr Anil Kumar-II, who has joined in the month of February, 2004.
Learned counsel for the applicant has filed recent OM No. 57/04/2019-P&PW(B) dated 17.02.2020 of Department of Pension & PW, Govt. of India. Vide this OM, clarification has now been given regarding coverage under CCS (Pension) Rules 1972. The subject of the OM reads:-Coverage under Central Civil Services (Pension) Rules, 1972, in place of National Pension System, of those Central Government employees whose selection for appointment was finalized before 01.01.2004 but who joined Government service on or after 01.01.2004.
The relevant clauses of the OM read as follows:-
"4. The matter has been examined 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 the Courts in this regard. It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS(Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are 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. This option may be exercised by the concerned Government servants latest by 31.05.2020.
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.
The option once exercised shall be final."
Learned counsel for respondents agrees that applicants of this OA are covered by the aforementioned OM. Accordingly, it is directed that the applicants are at liberty to give the option as indicated in the said OM and on receipt of their option, the respondents shall process it in light of this OM within the time line given. This OA is disposed of accordingly. No order as to costs.