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    RSabha QA Given by Govt On 22.07.2021

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    Project Manager IIT Kanpur CPWD
    (1) The Supreme Court dismissed a special leave to appeal regarding allowing central government officials under the National Pension System (NPS) to receive benefits under the old pension scheme if their advertisements were advertised before January 1, 2004 and results/joining occurred after December 31, 2003. (2) In response, the government issued an order in February 2020 stating that all candidates whose recruitment results were declared before January 1, 2004 for vacancies occurring on or before December 31, 2003 would be eligible for benefits under the old pension rules. (3) This was done to reduce further litigation on a similar issue and provide clarity based on the court's judgment.

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    RSabha QA Given by Govt On 22.07.2021

    Uploaded by

    Project Manager IIT Kanpur CPWD
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    (1) The Supreme Court dismissed a special leave to appeal regarding allowing central government officials under the National Pension System (NPS) to receive benefits under the old pension scheme if their advertisements were advertised before January 1, 2004 and results/joining occurred after December 31, 2003. (2) In response, the government issued an order in February 2020 stating that all candidates whose recruitment results were declared before January 1, 2004 for vacancies occurring on or before December 31, 2003 would be eligible for benefits under the old pension rules. (3) This was done to reduce further litigation on a similar issue and provide clarity based on the court's judgment.

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    RSabha QA given by Govt on 22.07.2021

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    (1) The Supreme Court dismissed a special leave to appeal regarding allowing central government officials under the National Pension System (NPS) to receive benefits under the old pension scheme if their advertisements were advertised before January 1, 2004 and results/joining occurred after December 31, 2003. (2) In response, the government issued an order in February 2020 stating that all candidates whose recruitment results were declared before January 1, 2004 for vacancies occurring on or before December 31, 2003 would be eligible for benefits under the old pension rules. (3) This was done to reduce further litigation on a similar issue and provide clarity based on the court's judgment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views2 pages

    RSabha QA Given by Govt On 22.07.2021

    Uploaded by

    Project Manager IIT Kanpur CPWD
    (1) The Supreme Court dismissed a special leave to appeal regarding allowing central government officials under the National Pension System (NPS) to receive benefits under the old pension scheme if their advertisements were advertised before January 1, 2004 and results/joining occurred after December 31, 2003. (2) In response, the government issued an order in February 2020 stating that all candidates whose recruitment results were declared before January 1, 2004 for vacancies occurring on or before December 31, 2003 would be eligible for benefits under the old pension rules. (3) This was done to reduce further litigation on a similar issue and provide clarity based on the court's judgment.

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    GOVERNMENT OF INDIA

    MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS


    (DEPARTMENT OF PENSION & PENSIONERS’ WELFARE)
    RAJYA SABHA
    UNSTARRED QUESTION NO. 425
    (TO BE ANSWERED ON 22.07.2021)

    BENEFITS OF OLD PENSION SCHEME

    425 SMT. CHHAYA VERMA:


    SHRI VISHAMBHAR PRASAD NISHAD:
    CH. SUKHRAM SINGH YADAV:
    SHRI NEERAJ SHEKHAR:

    Will the PRIME MINISTER be pleased to refer to answer to Unstarred Question 428
    given in the Rajya Sabha on 4th February, 2021 and state:

    (a) whether Supreme Court has dismissed the Special Leave to Appeal (C) 173/2021 on
    04/02/2021 and has allowed the Central Government officials under NPS, the benefits of
    old pension scheme whose advertisement were advertised before 01/01/2004 and
    results/joining occured after 31/12/2003;
    (b) if so, the details thereof;
    (c) whether Government would issue general orders for similar cases to ease out litigation
    and undue burden on resources and exchequer of Government and its own officials on the
    line of above judgment; and
    (d) if not, the rationale therefor?

    ANSWER

    MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES


    AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
    (DR. JITENDRA SINGH)
    (a) to (d ): A Writ Petition No. 756/2020 was filed by Dr. Davinder Singh Brar before the
    Hon’ble High Court of Delhi. Hon’ble Court vide its order dated 28.01.2020, allowed the Writ
    Petition. The operative portion of the order reads as under:

    "12. Mr. Anurag Ahluwalia, CGSC sought to draw a distinction between the aforesaid
    case and the one at hand by pointing out that the Petitioner here had been selected
    pursuant to a selection process that concluded only in February, 2004, whereas, in other
    instances where this Court had granted relief, the selection process had concluded before
    1st January, 2004.
    13. The Court is not persuaded that the above distinction can constitute a ground for
    denying to the Petitioner coverage under the Old Pension Scheme (OPS). The fact remains
    that for an advertisement that came to be issued on 24th May, 2003, the Respondents only
    concluded the selection process in February, 2004. It is not the case of the Respondents
    that this delay was attributable to the Petitioners. Further, the OM dated 13th April, 2018,
    referred to hereinabove, does not recognize any such distinction for the purpose of
    deciding eligibility of personnel to the OPS.

    Contd.P.-2/-
    -2-

    14. In that view of the matter, the impugned order dated 17th August 2019 is hereby
    set aside. A direction is issued to the Respondents to extend the benefit of the OPS to the
    Petitioner in terms of the CCS (Pension) Rules, 1972 by issuing appropriate order within a
    period of 12 weeks from today. The petition is disposed of in the above terms."

    Since, the above judgement was not in consonance with the provisions of notification
    issued by Ministry of Finance ( Department of Economic Affairs) on 22.12.2003, an SLP No.
    173/2021 was filed before Hon’ble Supreme Court. Hon’ble Supreme Court vide its order dated
    04.02.2021, dismissed the SLP.

    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 1 st January,
    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
    01.01.2004 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.

    In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement
    for the vacancies or the date of examination for selection against those vacancies is not
    considered relevant for determining the eligibility for coverage under the Old Pension Scheme or
    the National Pension System.

    *****

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