Pre-cutoff recruitment makes later appointees eligible to opt for old-pension coverage, subject to conditions.

The petitioner, a Drawing Teacher, participated in recruitment interviews and counselling conducted from 21 to 26 April 2003.

She was selected and appointed in September 2003, and retired on 31 December 2016.

Because her appointment was made after 15 May 2003, the State treated her as covered by the Contributory Pension Scheme rather than the CCS (Pension) Rules, 1972.

During the proceedings, the State issued an Office Memorandum dated 9 July 2026 allowing a one-time option for CCS (Pension) Rules coverage to eligible employees appointed against posts advertised or notified before 15 May 2003, subject to specified conditions.

Whether an employee appointed after 15 May 2003, but whose recruitment process was initiated before that date, may be considered for coverage under the CCS (Pension) Rules, 1972

Whether the petitioner’s claim to pension and other retiral benefits under those Rules was subject to exercising the option and fulfilling the requirements of the State’s Office Memorandum dated 9 July 2026

The State’s notification dated 15 May 2003 made the CCS (Pension) Rules, 1972 inapplicable to appointments made on or after that date; the State subsequently introduced the Contributory Pension Scheme and, in 2023, restored the CCS Rules from 1 April 2023 with an option for certain employees.

The State’s Office Memorandum dated 9 July 2026 extended a one-time option for CCS Rules coverage to government servants appointed against posts or vacancies advertised or notified before 15 May 2003, even where appointment occurred later.

The option had to be exercised by 31 October 2026; eligibility was to be considered by the appointing authority, with applicable NPS corpus adjustments and other conditions to be met.

The Court also referred to Dr. Devinder Singh Brar v. Union of India, whose ruling on recruitment initiated before the change in pension coverage was followed by the Supreme Court’s dismissal of the SLP, and to Indian Institute of Technology v. Dr. Pawan Kumar.

The Court found that the Drawing Teacher recruitment process, including the interviews and counselling, had been completed before 15 May 2003, while the petitioner’s appointment was delayed until September 2003 for reasons not attributable to her.

It considered that the State’s 9 July 2026 Memorandum expressly provided for a one-time option for employees appointed after the relevant date where recruitment had been advertised or notified beforehand.

The petitioner was therefore eligible to seek consideration under the CCS Rules, but coverage and benefits remained conditional on her timely exercise of the option and compliance with the required corpus adjustment and other conditions.

The petitioner may exercise the option to switch to the CCS (Pension) Rules, 1972 by 31 October 2026.

Upon receipt of her option and the required refund or adjustment, the State must examine her eligibility by 31 December 2026.

If found eligible, the State must grant the admissible pension, gratuity and other retiral benefits, with effect from 1 January 2017, and release them within the period directed by the Court.

Failure to release admissible benefits would attract interest at 6% per annum beyond 31 January 2027 until realization.