Suparna Bhattacharyya vs MUNICIPAL CORPORATION OF DELHI

1 OA No.4997/2024

Central Administrative Tribunal
Principal Bench, New Delhi

OA No.4997/2024

st
New Delhi this the 21 Day of August, 2026


Hon’ble Dr. Chhabilendra Roul, Member (A)
Hon’ble Sh. Rajveer Singh Verma, Member (J)

Suparna Bhattacharya
Aged about 51 years
W/o Late Dr. Saibal Mukhopadhyay
R/o A1, Shekhar Apartment,
Mayur Vihar Phase I Extension,
New Delhi-110091.
....Applicant

(By Advocate: Ms. Esha Mazumdar)

Versus

1. Municipal Corporation of Delhi
Through Commissioner
Dr. S.P.M.Civic Centre
Minto Rd, SKD Bast
Press Enclave, Ajmeri Gate,
New Delhi-110002.

2. Municipal Corporation of Delhi
Central Establishment Department
Through Director
Dr. S.P.M.Civic Centre
Minto Rd, SKD Bast
Press Enclave, Ajmeri Gate,
New Delhi-110002.

3. Municipal Corporation of Delhi
Health Department
Through Director (Ayush)
rd
Room No.301, 3 floor,
A-Block
S.P.M.Civic Centre
JLN Marg,
New Delhi.
... Respondents
(By Advocate: Mr. Amit Sinha)

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2 OA No.4997/2024


ORDER (ORAL)

By Dr. Chhabilendra Roul, Member (A)


The instant Original Application has been filed by the
applicant under Section 19 of the Administrative Tribunals
Act, 1985, seeking the following relief:
“A. Call for records of the case;
B. Pass an order quashing and setting aside orders
dated 29/11/2024 rejecting the benefit of the Old Pension
Scheme under the Central Civil Services (Pension) Rules,
1972, to the Applicant;

C. Pass an order directing the Respondent to permit
the Applicant to exercise the option in terms of DoPPW OM
dated 03/03/2023 for conversion to pension under CCS
(Pension) Rules 1972 (now substituted by CCS (Pension)
Rules 2013) from NPS;

D. Pass an order quashing and setting aside MCD
circular dated 03/08/2023 to the extent of declaring the
last date of 31/08/2023 for exercising the option to
conversion from OPS as unconstitutional being violative of
Article 14 of the Constitution;

E. Award costs to the applicant;

F. Pass any other or further order which this Hon’ble
Tribunal may deem fit and proper in the interest of
justice.”


2. Factual Matrix

2.1 The respondents issued an advertisement dated
23.08.2003 for the post of Medical Officer in the Municipal
Corporation of Delhi (MCD). The applicant applied in
response to the said advertisement and after going through
the usual selection process, she was offered appointment vide
letter dated 11.08.2004 for the post of General Duty Medical
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Officer-II (GDMO-II). The respondents vide office order dated
21.02.2005 directed the applicant to report for documents
verification and finally vide letter dated 21.04.2005 she was
offered appointment letter to join as GDMO-II at Kasturba
Hospital and the applicant joined for duty immediately
thereafter. The DoP&PW issued OM dated 03.03.2023
wherein paragraph-4 of the said OM the following has been
mentioned:
“4. The matter has been examined in consultation with the

Department of Financial Services, Department of
Personnel & Training, Department of Expenditure and
Department of Legal Affairs in the light of the various
representations/references and decisions of the Courts in
this regard. It has now been decided that, in all cases
where the Central Government civil employee has been
appointed against a post or vacancy which was
advertised/notified for recruitment/appointment, prior to
the date of notification for National Pension System i.e.
22.12.2003 and is covered under the National Pension
System on joining service on or after 01.01.2004, may be
given a onetime option to be covered under the
CCS(Pension) Rules, 1972 (now 2021), This option may be
exercised by the concerned Government servants latest by
31.08.2023.”


2.2 The respondents issued a circular dated 03.08.2023 for
exercising option as per the aforementioned OM dated
03.03.2023 issued by the Government of India. The
applicant claims that she was undergoing several personal
issues and she came to know of the abovementioned circular
dated 03.08.2023 after the expiry of the due date. She
submitted representation dated 18.09.2024 followed by
reminders on 20.09.2024, 14.10.2024 and 11.11.2024. Vide
communication dated 29.11.2024 the respondents rejected
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the applicant’s application for exercising option for migration
from New Pension Scheme (NPS) to Old Pension Scheme
(OPS) on the ground that it was submitted after the deadline
which ended on 31.08.2023. Again the applicant submitted
representation on 02.12.2024 for reconsideration of order
dated 29.11.2024 by the respondents. The respondents have
not replied to the said representation as yet. Being aggrieved,
she has filed the present OA, seeking the aforementioned
relief.

3. Pursuant to the notices issued, the respondents entered
appearance and filed their reply, to which the applicant has
filed her rejoinder.

4. Submissions by learned counsel for the applicant
4.1 Learned counsel for the applicant states that
respondents did not notify their communication dated
03.08.2023 adequately to reach each and every employee of
the respondents. The respondents issued the aforementioned
circular and uploaded the same on the website of the
respondents. However, there was no personal communication
regarding the said circular to the present applicant.
4.2 In absence of any personal communication regarding
the aforementioned circular dated 03.08.2023 and due to the
paucity of adequate time of 29 days given to exercise the
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5 OA No.4997/2024

option the applicant could not exercise her option in time. It
is a fact that the respondents gave only 29 days to various
employees vide the aforementioned circular uploaded on their
website to exercise the option of DoP&PW circular dated
03.03.2023 with inordinate delay on 03.08.2023 and that too,
was uploaded on the website and not communicated to each
and every individual employee who would be likely to be
affected by the said circular dated 03.08.2023 of DoP&PW.
4.3 Learned counsel for the applicant further states that
applicant could not apply due to several personal factors
affecting the applicant. The applicant’s husband was critically
ill and he was advised to undergo heart transplant and
applicant’s husband died on 09.10.2023. The mother of the
applicant was suffering from stage-V chronic kidney disease
and was undergoing dialysis. Due to the significant family
situation and the professional work pressure applicant could
not devote time to find the circular dated 03.08.2023 and
could only gave her option on 18.09.2024.
4.4 Learned counsel for the applicant states that the
respondents have not extended the time for giving option for
migration from NPS to OPS to the employees who are covered
under the DoP&PW circular dated 03.03.2023. The daily
wagers employed under the respondents and subsequently
regularized on or after 01.04.2004 were given three months
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time to exercise option vide their circular dated 21.11.2024 to
migrate from NPS to OPS.
4.5 In contrast the respondents gave only 29 days time to
exercise the option to the present applicant and other
similarly situated employees to switch from NPS to OPS. The
respondents could not have created a different class of
employees for giving significant time for exercising such
option and depriving the present applicant and similarly
situated employees such exigency period to exercise the
option from DoP&PW circular dated 03.03.2023.
4.6 In support of the averment the learned counsel for the
applicant cites the order dated 11.02.2026 passed in OA
No.4976/2024 – Ritu Saxena v. M.C.D. , decided by the
Coordinate Bench of this Tribunal. The applicant in the said
OA was on child care leave and was not aware of the
aforesaid circular dated 03.08.2023 issued by the
respondents which is equally applicable to the present
applicant also. The applicant in OA No.4976/2024 was
granted the relief by a Coordinate Bench of this Tribunal to
accept her option given on a later date, i.e., 12.09.2024. As
the applicant has clearly demonstrated her own personal
difficulties and had submitted the option on 18.09.2024
applying the ratio of the aforementioned order in Ritu
Saxena (supra), the learned counsel for the applicant pleads
for granting similar relief to the present applicant.
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4.7 Learned counsel for the applicant further cited the
judgment of Hon’ble High Court of Rajasthan at Jaipur in
Hari Kishore Sharma v. State of Rajasthan & Ors. , CWP
Nos. 5940/2003 & batch matters, decided on 21.10.2011,
wherein in a similar situation the Hon’ble High Court has
granted relief to the petitioners before it. The relevant part of
the judgment reads as under:
“ …Here is the converse position where employees are still
in service and options were never notified to each
individual employee; and such notices were never given
wide circulation and majority of employees are holding
lowest post in the ladder in their respective cadre; and as
observed (supra), they are working through out the State
and at the places where there is no mode of
communication and the authorities have failed in
discharge of their duties in giving them proper notices for
taking their independent decision as to whether one is
wanted to continue in CPF Scheme to which he is member
or to switch over the Pension Scheme, 1988 came into
force w.e.f. 28/11/1988.”


4.8 Referring to the aforementioned judgment, learned
counsel for the applicant states that the respondents were
duty bound to give a personal communication to each
employee who will be likely to be affected by the circular
dated 03.03.2023 by the DoP&PW, Government of India. In
the instant case, the circular was not communicated to the
applicant personally. In addition to issuing the circular
dated 03.08.2023 and uploading the same on the website,
the respondents could have communicated to the employees
by way of personal communication either by e-mail or any
other mode of communication.
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5. Submissions by the learned counsel for the
respondents


5.1 The learned counsel for the respondents states that vide
their circular dated 03.08.2023 they endorsed to all HoDs to
give wide publicity to the OM dated 03.03.2023 issued by the
DoP&PW, Government of India. The circular was also
uploaded on the website of the respondents. In view of this,
it is not correct on the part of the applicant to state that no
wide publicity was given to the OM dated 03.03.2023. In
pursuance to the said circular more than 500
representations/options were received by the respondents
and a Committee was constituted to examine such
representations/options. The applicant has submitted her
option significantly after the expiry of the due date, i.e.,
31.10.2023. The applicant submitted her option as late as
18.09.2024. Thereafter, she had submitted several
representations for consideration of her option. However,
repeated representations do not extend the period to exercise
option for switching from NPS to OPS. As the applicant has
failed to exercise her option within the stipulated period, her
case was not considered for migration from NPS to OPS.

6. Analysis
6.1 Heard learned counsel for both the parties and perused
the records of the case.
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6.2 The factual position regarding the personal issues faced
by the applicant in respect of death of her husband and the
prolonged illness of her husband ultimately led to death of
her husband on 09.10.2023. Further, stage-V kidney disease
of applicant’s mother is not denied by the respondents. It is
also a fact that the respondents have given extended time of
three months to a particular class of employee to exercise
their option at a belated stage. It is also a fact that the
respondents have not given direct communication to the
employees who are likely to get benefit of OM dated
03.03.2023 issued by DoP&PW, Government of India.
Though the circular dated 03.08.2023 by the respondents
directed all HoDs to bring the above circular dated
03.03.2023 to the notice of each and every employee, there is
no report that the concerned HoDs has effected such notice
to each individual employee by any meaningful manner. In
the age of digital communication it is not understood as to
why the employees were not communicated through their e-
mail regarding such an important communication. Uploading
a circular on the website is not the best method of
communicating to the employees unless it is mandatory for
the employees to browse the website each and every day. No
such communication or circular has been placed on record to
show that the employees were directed to look into or browse
the website to find the relevant material concerning their
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service matters. As has been adequately explained, the
applicant was experiencing significant personal,
psychological, and emotional issues, which prevented her
from noticing the specific circular uploaded on the
respondents' website. Taking a sympathetic and
humanitarian view, the applicant deserves to be granted the
relaxation to exercise her option to migrate from the National
Pension System (NPS) to the Old Pension Scheme (OPS).
Accordingly, her option form dated 18.09.2024 shall be
accepted by the respondents as a valid option exercised in
response to the Office Memorandum (OM) dated 03.03.2023
issued by the DoP&PW, Government of India, and endorsed
by the respondents via their circular dated 03.08.2023.

7. Conclusion

7.1 In view of the above, the OA is allowed with the following
directions to the respondents:
i) Respondents shall consider the option given by the
applicant by her representation dated 18.09.2024 as the
legitimate option exercised by the applicant for migration
from NPS to OPS in pursuance to the DoP&PW OM dated
03.03.2023.
ii) This direction is given as a special consideration in the
peculiar facts and circumstances prevailing in the instant
case. The same shall not be sought as a precedent for others.
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11 OA No.4997/2024

iii) The respondents shall carry out the aforesaid directions
as early as possible but preferably within a period of 08
weeks from the date of receipt of a certified copy of this order.
8. No order as to costs.

9. Pending MAs, if any, shall also stand disposed of.



(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)

‘SD’



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