BHASKAR BALONI

Advocate
CHAMBER: PARWADOON BAR ASSOCIATION, DOIWALA DEHRADUN. OFFICE: RESHAM MAJRI, MAJRI
GRANT DOIWALA DEHRADUN
MOBILE NO. 8439970840, 8077286873

LEGAL NOTICE
REF.NO……… DATE……/……/……………

REGD.AD

TO,
SENIOR CONTROLLER OF ADMINISTRATION (S.C.O.A)
C.S.I.R INDIAN INSTITUTE OF PETROLIUM,
MOHKOMPUR, DEHRADUN, UTTARAKHAND.

Sir,

Under the instructions from and on behalf of my client Sri.

SATISH MANI S/O SRI. KENDRA MANI R/O LOWER NEHRU GRAM NEAR CHURCH
DEHRADUN (RETIRED TECHNICIAN GROUP-II, I.D NO.1111, CSIR, I.I.P
MOHKAMPUR DEHRADUN) through his legal representative, I do hereby
serve you with the following Legal Notice: -

1. That my client was employed at CSIR-IIP, Mohkampur, Dehradun,

Uttarakhand since 31/07/2006 and retired on 31/08/2017.
2. That my client had been working on a casual basis in your
institution since 09/03/1993, after which my client assumed
charge on 31/07/2006 for the post of Group II.
3. That in light of the " I.I.P Casual/Contract Workers Absorption
Scheme – 2000," regarding the absorption of casual/contractual
workers, your office, by letters dated 31/10/2002, 04/02/2003,
18/02/2003, and 31/10/2003, invited applications for the post of
Group II (1). The applicant applied for the same on 28/02/2003.
The applicant appeared for the trade test/interview conducted on
10 July 2006.

1
4. That on 28/07/2006, the applicant received a letter from your
office, under reference no. 3(527)/2006-Personnel, informing the
applicant that the approval for appointment to the said post had
been granted to my client, and my client was instructed to
assume charge.
5. That on 31/07/2006, my client assumed charge in your institution
for the post of Tech-1 Gr. II.
6. That my client rendered services in your institution from
31/07/2006 to 31/08/2017, after which the applicant retired on
31/08/2017.
7. That through the letter dated 14/03/2023, reference no. 5-
1(68)/2009-PD from CSIR, and letter dated 03/03/2023 from the
Government of India, Ministry of Personnel, Public Grievances,
and Pensions, Department of Pension and Pensioners Welfare,
under reference no. 57/05/2021-P&PW(B), the applicant was
informed about the introduction of the National Pension System
(NPS) by the Department of Economic Affairs, Ministry of
Finance, Government of India, vide notification no. 5/7/2003-ECB
and PR dated 22.12.2003. As a result, all government employees
appointed to posts in central government service (except armed
forces) on or after 01.01.2004, are mandatorily covered under
NPS. The Central Civil Services (Pension) Rules, 1972, and other
related rules were also amended through a notification dated
30.12.2003. These amended rules do not apply to government
employees appointed after 31.12.2003.
8. That Subsequently, in light of various
representations/references and judgments from Hon’ble Courts,
the Department of Pension and Pensioners Welfare, after
consultation with the Department of Personnel & Training,
Department of Expenditure, and Department of Legal Affairs,
issued instructions via OM No. 57/04/2019-P&PW(B) dated
17.02.2020. It provided a one-time option to Central Government
employees who were declared successful in recruitment against
vacancies declared before 01.01.2004 and who joined service on
or after 01.01.2004, to be covered under CCS (Pension) Rules,

2
 1972 (now 2021). This OM also provided timelines for various
activities. The department had received representations from
government employees appointed on or after 01.01.2004,
requesting pension benefits under the Central Civil Services
(Pension) Rules, 1972 (now 2021), on the grounds that their
recruitment was against posts/vacancies advertised/notified
before the notification for NPS, citing judgments from Hon'ble
High Courts and Central Administrative Tribunals that allowed
such benefits.
9. That In light of these references/judgments, the matter was
examined in consultation with the Department of Financial
Services, Department of Personnel and Training, Department of
Expenditure, and Department of Legal Affairs. It has now been
decided that all such cases where Central Government civil
employees were recruited/appointed against posts/vacancies
advertised/notified before the notification date of NPS, i.e.,
22.12.2003, and joined service on or after 01.01.2004, shall be
given a one-time option to be covered under the CCS (Pension)
Rules, 1972 (now 2021). The concerned employees could exercise
this option by 31.08.2023.
10. That on 15/03/2023, your institution asked my client and other
employees to submit an option for switching from NPS to OPS.
Then on 15/03/2023 my client submitted an option for switching
from NPS to OPS.
11. That under the " I.I.P Casual/Contract Workers Absorption
Scheme – 2000," regarding the absorption of casual/contractual
workers, your office advertised/notified recruitment/appointment
vide letter dated 31/10/2003 with reference no. 3/ (5271)/2002-
Pers dated 31/10/2002, 04/02/2003, 18/02/2003, and 31/10/2003.
Pursuant to this, my client applied for the post of Group II (1)
on 27/02/2003. It is pertinent to mention that the
recruitment/appointment notification was issued before the NPS
notification dated 22/12/2003.
12. That my client was selected for the post on 28/07/2006, and
based on the letter no. 57/05/2021-P&PW(B), the applicant is

3
 eligible to be covered under the Central Civil Services
(Pension) Rules.
13. That despite the applicant having submitted the application
dated 15/03/2023, the applicant has not yet been granted the
benefits under the Central Civil Services (Pension) Rules till
now, whereas other approved candidates have already been given
these pension benefits.
14. That my client has fulfilled all the eligibility criteria for
the said post, yet my client has been deprived of the benefits
of coverage under the Central Civil Services (Pension) Rules.
15. That on 01/11/2023, after the application dated 15/03/2023, my
client submitted a representation requesting coverage under the
Central Civil Services (Pension) Rules, 1972 (2021), instead of
NPS.
16. That the applicant has retired, and still my client has not
been granted the benefit of such coverage, causing the applicant
considerable financial loss.
17. That it is just and in the interest of justice that a written
explanation be provided as to why the applicant is not being
granted coverage under the Central Civil Services (Pension)
Rules.

Therefore, through this notice, you are informed that within 15

days of receipt of this notice, you are requested to give a
written clarification on the ground for denying my client
coverage under the CCS (pension) rules. Otherwise, my client
will be at liberty to take legal action against his grievances.

A copy of this Notice is kept in my office for record and

further necessary action and you are also advised to keep the
copy safe as you would be asked to produce it in appropriate
authority.

4
 Your Sincerely
BHASKAR BALONI
(Advocate)