Facts
The applicant’s father died in harness on 24.10.2000 while serving with the respondents
Source reference: p. 2The applicant applied for compassionate appointment and underwent a medical examination on 23.01.2002
Source reference: p. 2He was eventually offered appointment on 23.06.2004
Source reference: p. 2Following a Government of India Office Memorandum (OM) dated 03.03.2023, employees recruited against vacancies notified before 22.12.2003 were given a one-time option to switch from the New Pension Scheme (NPS) to the Old Pension Scheme (OPS)
Source reference: p. 3-4The applicant failed to submit his option by the stipulated deadline of 31.08.2023, claiming he was never personally informed of the circulars
Source reference: p. 2He moved a representation in 2025 after retiring in January 2026, which was rejected by the respondents on 24.06.2025
Source reference: p. 3Issues
1. Whether the applicant is entitled to the benefits of the Old Pension Scheme (OPS) despite failing to exercise the one-time option within the prescribed cut-off date
Source reference: p. 52. Whether the lack of individual notification to the employee regarding the cut-off date constitutes a valid ground to waive the deadline
Source reference: p. 6Law Applied
Department of Pension and Pensioners’ Welfare OM No. 57/05/2021-P&W(B) dated 03.03.2023, which provided a one-time option to switch to OPS for employees appointed against vacancies notified prior to 22.12.2003, provided the option was exercised by 31.08.2023
Source reference: p. 4, para 4Railway Board letter dated 10.03.2023, making the instructions of the OM dated 03.03.2023 applicable mutatis mutandis to Railway servants
Source reference: p. 5, para 8The rule specifies that employees who do not exercise the option by the stipulated date shall continue to be covered by the NPS
Source reference: p. 4, para 5Reasoning
The Tribunal found that the OM dated 03.03.2023 explicitly established a mandatory cut-off date of 31.08.2023 for exercising the switch-over option
Source reference: p. 6, para 9The respondents had issued general directions for wide publicity and displayed the information on notice boards
Source reference: p. 6, para 11The court reasoned that once such general instructions are issued, the onus shifts to the employee to exercise the option within the timeline
Source reference: p. 6, para 11Since the applicant only approached the authorities in 2025—well after his retirement and nearly two years after the deadline—there was no legal basis to grant him relief
Source reference: p. 6, para 12Holding
The Tribunal held that the respondents correctly rejected the applicant’s case as the option was not exercised within the prescribed period
The court found no illegality or infirmity in the impugned order dated 24.06.2025; consequently, the Original Application was dismissed
Source reference: p. 7, para 13-16Original Court PDF
RAM LAKSHAN YADAVvsNORTH EASTERN RAILWAY
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