Employees whose recruitment process commenced pre-2004 are entitled to Old Pension Scheme benefits despite delayed appointment due to judicial stay.

The respondent’s late husband, Ashok Kumar, worked at a Quasi-Administrative Office of the Railways. Per RBE No. 103/2000, the Railway Board allowed a one-time relaxation for the absorption of such staff into regular Group ‘D’ posts

The selection process for Mr. Kumar and 20 others commenced with a screening test scheduled for 19.02.2003

However, the process was stalled due to an interim status quo order dated 24.02.2003 passed by the CAT in O.A. No. 40/2002, filed by other unsuccessful candidates

Following the dismissal of that O.A. on 20.10.2004, the petitioners issued an offer of appointment to Mr. Kumar on 08.08.2005

The Railways subsequently placed him under the New Pension Scheme (NPS) because his appointment was finalized after the 01.01.2004 cutoff

The respondent challenged this before the CAT, Patna, which ruled in her favor on 10.09.2025. The Union of India challenged that order in the present writ petition.

1. Whether a railway employee whose recruitment process commenced before 01.01.2004, but was delayed beyond that date due to judicial stay orders, is entitled to coverage under the Railway Services (Pension) Rules, 1993 (Old Pension Scheme)

The court applied the Railway Services (Pension) Rules, 1993 (Old Pension Scheme) and the New Pension Scheme guidelines.

Department of Pension and Pensioners’ Welfare O.M. dated 17.02.2020 (adopted by the Railway Board via RBE No. 28/2020), which stipulates that if a recruitment result or appointment was delayed beyond 01.01.2004 due to administrative reasons or pending court/CAT cases, the employee should be granted a one-time option to be covered under the Old Pension Scheme

The Court observed that the recruitment process for the respondent’s husband had indisputably begun in February 2003, well before the transition to NPS

The delay in finalizing the appointment until 2005 was attributed solely to the "status quo" interim order passed by the CAT in a third-party litigation (O.A. 40/2002), a factor entirely beyond the candidate's control

The court noted that the petitioners’ own written statement before the CAT admitted that results would have been published prior to 31.12.2003 had the stay not been in place

Consequently, the Court held that this situation fell squarely within the exception of "delay due to administrative & judicial reasons" recognized by RBE No. 28/2020 and RBE No. 41/2023

The Court further criticized the petitioners' rejection order dated 13.07.2021 as "cryptic" and "non-speaking" for failing to consider these circulars

It held that the deceased husband of the respondent is entitled to be covered under the Railway Services (Pension) Rules, 1993 (Old Pension Scheme) as the delay in his appointment was due to judicial constraints

The court affirmed the setting aside of the order dated 13.07.2021 and directed the extension of Old Pension Scheme benefits to the respondent