ups_00096 — Old pension scheme is applicable in respect of vacancies notified on or before 22-12-2003 subject to option being exercised before 31-8-2023, which once opted is final

Old pension scheme is applicable in respect of vacancies notified on or before 22-12-2003 subject to option being exercised before 31-8-2023, which once opted is final — The Applicant's entitlement to Old Pension Scheme benefits due to his selection for the Postman post prior to the end date of OPS in April 2004, as per the latest decision provided in OM dated 3-3-20... — Facts: The challenge in this case is non-feasance on the part of the Respondents in granting pension to the Applicant. The Applicant was initially appointed as EDBPM in January, 1982 and was posted to Army Postal Services in February, 1984 where from he was discharged with instructions to report back to SSPO, Lucknow. He was then orally terminated against which he filed O.A. No. 123 of 1991 which was decided on 20-4-1999 whereby, the order of termination was set aside and Respondents directed to reinstate the Applicant. Thus the Applicant was reinstated vide Order, dated 27-8-1999. There was a criminal case under Rule 420, 409 and 406 IPC in which the Applicant was acquitted. Subsequent to reinstatement, the Applicant participated in the departmental examination for the post of Postman in which he was selected vide Order, dated 22-3-2004 and he was posted at the Mail Post Office, Lucknow till his superannuation in April, 2018. The grievance of the Applicant is that he has not been paid any pension for his services under the old pension rules on the basis of DoP&T Circular, dated March, 2023. Hence, this OA. Per contra, the stand of the Respondents is that, the services of the Applicant till he qualified in the Postman examination was only EDBPM including his services in the Army Post Office and as he joined as Postman in June, 2004 only, he was not entitled to pension under the old pension Rules. In his rejoinder, the Applicant contended that he having been selected to the post of Postman on 22-3-2004, which is anterior to 1-4-2004 from which date the OPS came to an end he is entitled to the benefits of the Old Pension Scheme. The question is with regard to date of implementation of the OPS / NPS and the date of appointment of the Applicant. The latest decision relating to the above is provided for in OM, dated 3-3-2023.