Rules, Rights & Rites -62
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Ernakulam CAT judgment on the extension of old pension scheme (OPS) to those appointed prior to 2004 vacancies
The applicants were appointed as Postal Assistants or Postmen under the Department of Posts after 1.1.2004, against vacancies that arose in 2002 and were notified before the introduction of the National Pension System (NPS) on 22.12.2003.
• The applicants seek the benefit of the old pension scheme, as per the OM dated 3.3.2023, which allows a one-time option for government employees appointed against vacancies advertised or notified before 22.12.2003 but joined the service on or after 1.1.2004.
• Despite the appointments taking place after 1.1.2004, the recruitment notification and selection process for these vacancies started before that date.
• The respondents rejected the applicants' claims on the premise that all joined after 1.1.2004, and hence are covered only under the NPS.
• The Tribunal held that "advertised" and "notified" for recruitment appointments used in the OM have distinct meanings; notification is a formal legal declaration, whereas advertisement is the public announcement. Vacancies notified prior to 1.1.2004 qualify under the OM.
• The factual situation matched earlier Tribunal decisions granting OPS benefits where vacancies were notified before the cutoff date, even if appointments were after 1.1.2004.
• The Tribunal allowed the Original Applications, holding that the applicants are entitled to pension benefits under the old pension scheme as per the OM dated 3.3.2023.
• The respondents were directed to pass appropriate orders for serving and retired employees to bring them under the old pension scheme within three months.
• Payments due to retired applicants under the old pension scheme are to be made within one month after the orders, with 9% interest on delayed payments.
• No costs were ordered in the matter.
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