Coverage under CCS (Pension) Rules1972, in place of National Pension System to Casual Labourers
AGENDA DISCUSSED DURING THE STANDING COMMITTEE MEETING HELD ON 26.2.2021 – DECISIONS TAKEN
New Agenda items for the meeting of Standing Committee (received on 08.02.2021)
Agenda Item No. and Ministry / Deptt.: Item No.11/19/SC DoPT Estt.(D)
Brief: Coverage under CCS (Pension) Rules 1972, in place of National Pension System, to those employees who are recruited to Central Government Service, based on the Employment notification, issued during the year 2002, 2003 and selection process completed on or after 1/1/2004.
Comments from concerned Ministry/ Department: Department of Pension & PW informed through their letter dated 23.02.2021 that the National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1stJanuary, 2004 (except the armed forces). However, in some specific court cases, like WP(C) No. 3834/2013 titled Parma Nand Yadav Vs. Union of India and WP(C) No. 2810/2016 titled Rajendra Singh Vs. Union of India, where the_ selection of candidates had been made before O1.01.2004 but their actual appointment in the Government service could be made on or after 01.01.2004 due to various reasons, on the direction of the Hon’ble High Court of Delhi, the benefit of Old Pension Scheme was allowed to the petitioners.
After considering all the relevant aspects and to extend the benefit to similarly placed Government servants in order to reduce further litigation, the Government has decided, vide an Office Memorandum No. 57/04/2019-P&PW(B) dated 17th February, 2020 of the Department of Pension & Pensioners’ Welfare, 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 Central Civil Services (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 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 Central Civil Services (Pension) Rules, 1972. A_Writ Petition No. 1358 / 2017 was filed by Shri Shyam Kumar Choudhary and ors. before the Hon’ble High Court of Delhi. Hon’ble Court vide its order dated 09.04.2019, allowed the Writ Petition. The operative part of the order reads as under:
The issue is no longer res integra. In the case of certain constables of the BSF, this Court by its Judgement dated 12th February, 2019 in Tanka Ram Vs. Union of India 2019 (174) DRJ 146 (DB) allowed the prayer of those petitioners and permitted them to avail of the benefit of the old pension scheme. It was held that the option to continue the old pension should be extended to all those who had been selected in examination conducted in 2003, but were issued call letters only in January or February, 2004.
In the present case also, the reason the Petitioners not joining prior to 1st January, 2004 is entirely due to the Respondents. The Petitioners cannot be deprived of the benefit of the Old Pension Scheme, as they qualified even prior to the notification of the New Pension Scheme.
For the above reasons, the petition is allowed and direction is issued to the Respondents to extend the benefit of the Old pension scheme to each of these petitioners.
Since, the above case viz. Shri Shyam Kumar Choudhary and ors., was not similar to the cases referred in the order, an SLP (C) was filed before Hon’ble Supreme Court vide Dy. No. 31539/2019 and case No. 23568 / 2019 against the order dated 09.04.2019 of Hon’ble High Court of Delhi. After dismissal of the SLP, a Review Petition (C) No.21889/2020 was filed in Hon’ble Supreme Court. The Review Petition was dismissed by Hon’ble Court on 24.11.2020.
In view of the above, the order of Hon’ble High Court dated 09.04.2019 in WP (C) No. 1358/2017 was implemented in personem only.
Decision/ comments in the meeting of 26.2.2021
The Staff Side specifically talked about the Casual Labourers who had been working as casual labour on the date of switching over the New Pension Scheme.
The Chair asked Director, DOP&PW to examine both the points. He also directed to club item No. 6 of the New Agenda with this item.
Agenda Item No. and Ministry / Deptt.: Item No.11/19/SC DoPT Estt.(D)
Brief: Coverage under CCS (Pension) Rules, 1972: The Staff Side has requested that, in all cases, where the results for recruitment were declared before 1-1-2004, against the vacancies occurring on or before 31-12-2003, the candidates declared successful for the said recruitment, shall be eligible for Cover, under CCS (Pension) Rules, 1972.
Comments from concerned Ministry/ Department: Department of Pension & PW informed through their letter dated 23.02.2021 Department of Pension and Pensioners’ Welfare administers pension related policy in respect to Central Government employees. Railway employees are governed under separate service rules.
DoPPW has issued instructions vide Office Memorandum No. 97 /04/2019-P&PW(B) dated 17th February, 2020 providing that in all cases where the results for recruitment were declared before O1.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil services (Pension) Rules, 1972. As per para 8 of the said OM, it is for the Appointing authority of the post to examine and decide options exercised by the Government servant.
It is therefore, for the Ministry of Railways to examine and decide such options exercised by Railways employees. Ministry of Railways may, however, refer matters to this Department for clarification required, if any.
Decision/ comments in the meeting of 26.2.2021: The Chair stated that this point is specific to Ministry of Railways. However, he directed that this point may be clubbed with point No. 1.
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