Netrananda Panda vs EAST COAST RAILWAY

1 O.A.No. 260/00359 of 2023

CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK

O.A.No. 260/00359 of 2023

Reserved on 01.09.2026 Pronounced on 02.09.2026

CORAM:
THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Netrananda Panda, aged about 52 years, S/o
Late Krushna Chandra Panda, at present
working as Train Ticket Examiner under
E.Co.Rly., at present residing At- Madhusudan
Nagar, PO- Jatni, Dist.-Khurda.
……Applicant
VERSUS
1. Union of India, represented through it's
General Manager, East Coast Railway, Rail
Vihar, Mancheswar, Bhubaneswar, Dist:
Khurda-751017.

2. Divisional Railway Manager (Personnel), East
Coast Railway, Khurda Road Division, P.O.-
Jatni, Dist- Khurda-752050.

3. Senior Divisional Personnel Officer, East Coast
Railway, Khurda Road, P.O.- Jatni, Dist-
Khurda.
……Respondents

For the applicant : Mr. S.B.Jena, Counsel

For the respondents : Mr. R.K.Sahoo, Counsel




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2 O.A.No. 260/00359 of 2023

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):
Heard. Perused the records.
2. It is the case of the applicant that consequent upon the
death of his father on 10.10.2000, his mother submitted
application on 29.01.2001 seeking appointment on
compassionate ground in his favour. The said request was
rejected vide order dated 11.12.2001. However, upon
reconsideration, he was provided appointment on
compassionate ground vide order dated 27/28.02.2006.
According to Ld. Counsel for the applicant since his father died
on 10.10.2000 and his mother submitted application on
29.01.2001, he should have been treated as an appointed prior to
01.01.2004, i.e. the date when the CCS (Pension) Rules was
substituted by the National Pension System for the appointees of
01.01.2004 onwards. According to the respondents, since the
applicant was appointed vide order dated 27/28.02.2006, which
was much after coming into force the NPS, the applicant was
rightly brought within the NPS.
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3 O.A.No. 260/00359 of 2023

3. We have considered the rival submission of the respective
parties and perused the record.
4. In a significant policy decision that could benefit a large
number of Central Government employees appointed on
compassionate grounds after the introduction of the National
Pension System (NPS), भारत सरकार , कािम Ŋ क , लोक िशकायत और प Ő शन
मं ũ ालय , प Ő शन और प Ő शनभोगी क ʞ ाण िवभाग , तृतीय तल , लोक नायक भवन , खान
, -
माक ő ट नई िद ʟ ी 110003 issued OM No. 57/05/2021-
P&PW(B)/Compassionate/10593 dated 22.06.2026 inter alia
stating that after inter-ministerial consultation and examination
in consultation with the Department of Expenditure and DoP&T,
it has been decided that the date of application for
Compassionate Appointment shall be considered as the crucial
date for compassionate appointments, provided that the
applicants were eligible to be considered for appointment at the
time of their application and the family member who is eligible
for being considered for appointment and have applied for
compassionate appointment on or before 31.12.2003, under CCS
(Pension) Rules, 2021 by the concerned Ministries/Departments.
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4 O.A.No. 260/00359 of 2023

The Railway Board issued RBE No. 49/2026 on June 24, 2026,
adopting the Department of Pension & Pensioners’ Welfare
(DoP&PW) Office Memorandum dated June 22, 2026 (O.M. No.
57/05/2021-P&PW(B)/Compassionate/10593). This order
establishes that the date of application for compassionate
appointment—rather than the actual date of appointment—is
the crucial date for determining eligibility to switch from the
National Pension System (NPS) to the Old Pension Scheme (OPS)
under the Railway Services (Pension) Rules.
5. In the case in hand, since the facts that the mother of the
applicant submitted application for providing appointment in
favour of applicant on compassionate ground on 29.01.2001 and,
that, he was appointed vide order dated 27/28.02.2006, are not
in dispute, we are of the considered view that the applicant
deserves to be brought into within the scope and ambit of Old
Pension System instead of National Pension System. Accordingly,
the impugned order of rejection dated 28.04.2023 is hereby
quashed. Respondents are directed to complete their entire drill
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5 O.A.No. 260/00359 of 2023

to the above effect within a period of 60 days from the date of
receipt of a copy of this order.
6. In the result, the OA stands allowed. Pending MA, if any,
stands disposed of. Costs made easy.


(Pramod Kumar Das) (Sudhi Ranjan Mishra)
Member (Admn.) Member (Judl.)






RK/PS

















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