Compassionate appointees who applied before 1 January 2004 must be considered under CCS Pension Rules, 2021.

The applicant, a Sub-Postmaster under Bhadrak Division, sought a direction to be shifted from the National Pension System (NPS) to the Old Pension System.

He had been appointed as Postal Assistant by order dated 05.02.2004 and joined thereafter.

The respondents opposed the claim on the ground that the applicant entered service after the NPS came into force on 01.01.2004.

The applicant’s father had died on 23.05.2002, and the applicant’s case for compassionate appointment was considered by the Compassionate Appointment Review Committee (CRC) on 14.01.2004 and recommended against a vacancy of 2002.

The Tribunal noted that neither party had disclosed the date on which the application for compassionate appointment had been submitted.

It considered the DoP&T Office Memorandum dated 22.06.2026, which directed that eligible family members who had applied for compassionate appointment on or before 31.12.2003 should be considered under the CCS (Pension) Rules, 2021.

Whether the applicant’s eligibility for coverage under the CCS (Pension) Rules, 2021 should be determined with reference to the date of his application for compassionate appointment, notwithstanding his appointment and joining after 01.01.2004.

Whether the respondents were required to ascertain the date of the applicant’s application for compassionate appointment and, if it was submitted before 01.01.2004, extend coverage under the Old Pension System.

The Tribunal applied the distinction between the Old Pension System and the National Pension System, the latter having come into effect from 01.01.2004.

It relied principally on the DoP&T Office Memorandum dated 22.06.2026, directing that family members eligible for compassionate appointment who had applied on or before 31.12.2003 should be considered under the CCS (Pension) Rules, 2021.

The Tribunal treated the date of application for compassionate appointment as the material fact requiring verification, rather than conclusively treating the applicant’s post-01.01.2004 appointment date as determinative.

Although the applicant was appointed and joined service after the NPS became operative, his claim arose from a compassionate-appointment process initiated following his father’s death in 2002.

The CRC considered his case on 14.01.2004 and recommended appointment against a 2002 vacancy, but the record did not establish when the application had actually been filed.

Since the DoP&T Office Memorandum covered applicants who had submitted applications on or before 31.12.2003, the Tribunal held that the respondents had to verify this fact before rejecting the applicant’s claim solely on the basis of his appointment date.

If the application was made before 01.01.2004, the applicant would fall within the category contemplated by the Memorandum and would require consideration under the CCS (Pension) Rules, 2021.

If the application was submitted before 01.01.2004, the respondents were directed to pass a lawful order bringing the applicant within the purview of the CCS (Pension) Rules, 2021.

The entire exercise was to be completed within 60 days from receipt of a copy of the order.

The pending miscellaneous application, if any, was disposed of, with no order as to costs.