Facts
The applicant was appointed as a Safaiwala (Group-C) by Army Headquarters on February 3, 2004, following an allocation order dated August 22, 2003
Source reference: p. 3a circular dated March 3, 2023, allowed employees recruited against posts advertised before December 22, 2003, to opt for the Old Pension Scheme (OPS) by a deadline of August 31, 2023
Source reference: p. 6The applicant failed to exercise this option within the timeframe due to "ignorance" and "personal reasons"
Source reference: p. 3respondents issued a speaking order on March 10, 2026, rejecting his claim as the option was exercised on September 5, 2024—nearly a year after the deadline
Source reference: p. 7Issues
1. Whether a government employee can seek coverage under the Old Pension Scheme (OPS) after the expiry of the mandatory "one-time option" deadline prescribed by the Government
Source reference: p. 7 / para. 112. Whether ignorance of a duly published circular or personal reasons constitute valid grounds for condoning delay in exercising a statutory or administrative option
Source reference: p. 7 / para. 11Law Applied
Office Memorandum (OM) dated March 3, 2023, issued by the Department of Pension and Pensioners’ Welfare, which provides a one-time option for coverage under the CCS (Pension) Rules, 1972, for employees recruited against posts notified before December 22, 2003, provided the option is exercised by August 31, 2023
Source reference: p. 6settled legal principle that "ignorance of law" (ignorantia juris non excusat) or ignorance of a public circular is not a valid ground for seeking benefits contrary to prescribed conditions or condoning procedural delays
Source reference: p. 7Reasoning
The Tribunal noted that the circular dated March 3, 2023, established a strict timeline: the option had to be exercised by August 31, 2023, and the NPS accounts were to be closed by December 31, 2023
Source reference: p. 6-7The Tribunal reasoned that administrative deadlines for pension scheme conversions must be strictly adhered to for systemic consistency. It rejected the applicant's plea of ignorance, stating that a duly published circular carries a presumption of knowledge
Source reference: p. 7Regarding the claim of discrimination (Article 14) vis-à-vis Suresh Kumar, the Tribunal found no merit in granting relief based on a time-barred claim, as the applicant's delay was excessive (submitting the claim only on September 5, 2024)
Source reference: p. 7Holding
The applicant, having failed to exercise the option within the prescribed period, cannot claim the benefit of OPS as a matter of right at a belated stage
The Tribunal dismissed the Original Application as devoid of merit. All associated Miscellaneous Applications (MAs) were also disposed of
Source reference: p. 7, 8Original Court PDF
Mukesh KumarvsM/O DEFENCE
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