ups_00078 — For determining eligibility under the CCS (Pension) Rules, the date of sanction / notification of the vacancy / post, dated 2-9-2003 issued by the Ministry of Defence shall be taken as the date for deciding the eligibility for coverage under CCS (Pension) Rules,1972

For determining eligibility under the CCS (Pension) Rules, the date of sanction / notification of the vacancy / post, dated 2-9-2003 issued by the Ministry of Defence shall be taken as the date for deciding the eligibility for coverage under CCS (Pension) Rules,1972 — [Part 3] This chunk is a part of a court case decision where it is being argued over the entitlement of benefits under the Old Pension Scheme for certain applicants who were called for recruitment af... — Facts: The Applicants are employees of the Field Gun Factory, Kanpur, a unit under the Department of Defence Production, Ministry of Defence. They were appointed as Semi-Skilled Industrial Employees after undergoing training as Ex-Trade Apprentices. The recruitment process was initiated in 2003 pursuant to letters issued by the Ordnance Factory Board, Kolkata, which sanctioned 15 posts for the said factory. The Director-General, Ordnance Factories also directed that a uniform principle be followed for determining seniority of Ex-Trade Apprentices. In compliance with notifications issued in December 2003, the Applicants submitted requisite information and were thereafter duly selected in 2004, following due process of law. Since the recruitment process commenced prior to the implementation of the New Pension Scheme on 22-12-2003, the Applicants claim entitlement to the Old Pension Scheme. Despite repeated representations, no relief was granted, leading to the filing of the present Original Application. The Respondents submitted a counter-reply stating that recruitment of ex-Trade Apprentices of OFB was not through government directives as contended by the Applicants. The original instructions, Ordnance Factory Board (OFB), Kolkata letter, particularly Letter No. 570/A/I(iii), dated 15/20-10-1999. As per these instructions, ex-Trade Apprentices were to be considered for appointment strictly as and when vacancies arose, in accordance with their batch-wise seniority. Further guidelines issued on 2-12-2003 mandated maintenance of a register of seniority of ex-Trade Apprentices, following which an exercise to update the database of ex-Trade Apprentices was initiated in December 2003. The recruitment process was based on the principle of fitness-cum-seniority. Candidates were required to undergo training followed by a trade test conducted by a Selection Board to assess fitness for the job. Only those found fit were selected strictly on the basis of seniority, as departmental employees. In the case of Applicant Shri Naresh Babu, the recruitment process, including training and trade test, was completed only in March 2004, and appointment was made in June, 2004. Since the recruitment process was not concluded before 22-12-2003, the Applicants were rightly denied the benefit of the Old Pension Scheme. Consequently, the Original Application is liable to be dismissed. A rejoinder affidavit was filed by the Applicant stating that the Applicant was appointed through a proper selection process which was started in pursuance of OFB, Kolkata letter, dated 20-10-2003 for 30 sanctioned posts and that the final selection was completed by the competent authority and there was no role of the Applicants. The learned Counsel for Applicants argued that their recruitment process began before 22-12-2003, as it was an internal recruitment and the Applicants were already working as apprentices prior to the cut-off date. Reliance was placed on the DoP&T Office Memorandum, dated 3-3-2023, which allows employees appointed against posts advertised / notified prior to 22-12-2003, but who joined service after 1-1-2004, to opt for coverage under the Old Pension Scheme. It was emphasized that 15 vacancies at Field Gun Factory, Kanpur were initiated through a Letter, dated 2-9-2003, satisfying the requirement of prior notification. Judgment of the Apex court in J&K Public Service Commission v. Dr. Narinder Mohan [ (1994) 2 SCC 630 ] and the judgment of Allahabad High Court in WP No. 41961 of 2006 in Rakesh Bhardwaj S/o. Late Satyadev v. State of U.P. were cited to support their contention that the date of vacancy / requisition was alone crucial. The learned Counsel for the Applicants further relied on a recent decision of the Central Administrative Tribunal, Principal Bench in Lokendra Kumar Sharma and others v. Secretary, Department of Defence Production and others (O.A. No. 976 of 2024), where a similar issue was decided in favour of the Applicants. Accordingly, it was prayed that the present Original Application be disposed of in the same terms. The learned Counsel for the Respondents contended that the recruitment process did not begin before 22-12-2003. They argue that the Applicants, who were ex-Trade Apprentices of OFM, were called for trade tests / interviews only from March, 2004 onwards, pursuant to circulars issued in 2004. Since the trade test and interview process commenced on 15-3-2024, i.e., after 22-12-2003, the Applicants are not entitled to the benefits of the Old Pension Scheme under Paragraph 4 of the DoP&T OM, dated 3-3-2023. The Respondents further submitted that the 2004 circular cannot be treated as an advertisement for recruitment to the 30 sanctioned posts.