Eligibility for the Old Pension System turns on the date of compassionate appointment application, not appointment.

The applicant’s father died in service on 21.09.2002.

Pursuant to an earlier order of the Tribunal dated 18.11.2003 in O.A. No. 826/2003, the respondents, by letter dated 22.12.2003, asked the applicant’s mother to submit the requisite documents for consideration of compassionate appointment.

The applicant was subsequently issued an offer of appointment on 29.04.2005 and joined the Railways as Track Maintainer-IV on 01.07.2005.

He was consequently covered by the National Pension System (NPS), which came into effect on 01.01.2004.

The applicant sought migration to the Old Pension Scheme (OPS), relying on Railway Board Establishment Circular (RBE) No. 28/2020.

His request was rejected on 10.12.2020 on the ground that he had been appointed after 01.01.2004.

The respondents contended that no application for compassionate appointment had been received before 22.12.2003 and that the appointment process commenced only after the applicant’s mother was asked to submit the requisite application and documents.

1. Whether the applicant was entitled to be brought within the OPS instead of the NPS despite having joined service on 01.07.2005, if his application for compassionate appointment had been made before 01.01.2004?

2. Whether the respondents were required to verify the actual date on which the applicant or his mother applied for compassionate appointment before deciding his eligibility under the applicable pension instructions?

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985, under which the applicant challenged the administrative rejection of his pension claim.

It relied on RBE No. 28/2020, which provides that Government employees empanelled by recruitment agencies before 01.01.2004 but appointed thereafter due to police verification, medical examination, or other administrative delay may be brought within the OPS on the basis of their option.

It further relied on the subsequent RBE No. 49/2026, directing implementation of the DoP&T Office Memorandum dated 22.06.2026, under which a family member eligible for compassionate appointment and having applied for such appointment on or before 31.12.2003 is to be considered for coverage under the OPS.

The operative principle was that, in compassionate-appointment cases, the date of the application—not merely the date of offer of appointment or actual joining—is material for determining OPS eligibility.

The applicant admittedly joined the Railways after 01.01.2004; however, the Tribunal held that the date of joining was not conclusive under the applicable instructions.

The relevant question was when the application for compassionate appointment had actually been made.

The letter dated 22.12.2003 showed that the respondents had been dealing with the applicant’s claim pursuant to the earlier proceedings, but it did not establish whether an application had been submitted before that date.

Although the respondents stated that no application had previously been received and that the application was submitted only after the letter dated 22.12.2003, the record did not conclusively establish the date of such application.

Since that date was decisive for determining entitlement under RBE Nos. 28/2020 and 49/2026, the Tribunal placed the responsibility on the respondents to verify their records and ascertain when the application for compassionate appointment was made.

It directed the respondents to ascertain the date on which the applicant or his mother had applied for compassionate appointment.

If the application was found to have been made before 01.01.2004, the respondents were directed to take prompt action to shift the applicant from the NPS to the OPS.

The exercise was to be completed within six months from receipt of the order.

The O.A., along with pending miscellaneous applications, if any, was disposed of, with no order as to costs.