Old Pension Scheme claims require reconsideration under subsequent instructions where compassionate appointment applications preceded 1 January 2004.

The applicant’s husband, a railway employee, died in harness on 10 January 2003. She applied for compassionate appointment on 24 June 2003.

Her candidature was processed; she passed the written examination held on 20 October 2003, underwent an interview on 3 January 2004, and was selected and appointed as Junior Clerk on 25 May 2004.

Since the appointment was made after 1 January 2004, she was placed under the New Pension Scheme (NPS) rather than the Railway Services (Pension) Rules, 1993/Old Pension Scheme.

She subsequently sought coverage under the Old Pension Scheme through representations dated 11 January 2022, 7 April 2022 and 5 July 2022. Her claim was rejected by order dated 13 January 2023, which led to the present Original Application.

During the proceedings, the applicant relied on subsequent instructions dated 22 June 2026 issued by the Department of Pension & Pensioners’ Welfare and Railway Board RBE No. 49/2026 dated 24 June 2026, concerning compassionate-appointment cases initiated before 1 January 2004 but resulting in appointment thereafter.

Whether the applicant’s claim for coverage under the Old Pension Scheme/GPF, despite her appointment after 1 January 2004, ought to be reconsidered in light of the subsequent instructions dated 22 June 2026 and Railway Board RBE No. 49/2026 dated 24 June 2026.

Whether the impugned order dated 13 January 2023 rejecting the applicant’s claim should be set aside or the matter remitted to the competent authority for a fresh, reasoned decision.

The Tribunal considered the Railway Services (Pension) Rules, 1993/Old Pension Scheme and the post-1 January 2004 New Pension Scheme framework, under which the date and circumstances of appointment determine pension coverage.

It also considered Railway Board RBE No. 28/2022 dated 3 March 2020 and the relevant Department of Personnel & Training instructions concerning cases in which the selection or appointment process commenced before 1 January 2004 but appointment occurred thereafter.

The subsequent Department of Pension & Pensioners’ Welfare instructions dated 22 June 2026 and Railway Board RBE No. 49/2026 dated 24 June 2026 provide for consideration of compassionate-appointment cases where the application was made on or before 31 December 2003, subject to fulfillment of the prescribed conditions.

The competent authority must reconsider such a claim and pass a reasoned and speaking order in accordance with law.

The Tribunal did not adjudicate the applicant’s substantive entitlement to the Old Pension Scheme.

It noted that her application for compassionate appointment was submitted on 24 June 2003, before the NPS cut-off date, although her appointment was made on 25 May 2004.

Since the subsequent instructions specifically addressed cases involving pre-1 January 2004 applications followed by post-1 January 2004 appointments, and the respondents had no objection to reconsideration, the Tribunal found it appropriate to remit the matter.

It directed the competent authority to examine the applicant’s claim under the later instructions, specifically taking into account the date of her compassionate-appointment application, without expressing any opinion on the merits.

The authority was directed to pass a reasoned and speaking order, in accordance with law, within two months from receipt of the Tribunal’s order, while specifically considering that the applicant had applied for compassionate appointment on 24 June 2003.

No order as to costs was made, and pending miscellaneous applications, if any, were also disposed of.