### Recruitment Initiated Against Pre-2003 Compassionate Appointment Vacancies Entitles Employees to Old Pension Scheme Coverage

The applicants (Sanjay Singh Negi, Smt. Neelam Bist Lal, and Amit Singh) are children of deceased employees of the Ordnance Factory who died in service between 2001 and 2003.

They applied for compassionate appointment in 2003.

Due to a lack of initial clarity on vacancies, the Compassionate Appointment Board eventually recommended their names on October 20, 2003, against a 5% direct recruitment quota released earlier that month.

While the selection process began in 2003, the formal suitability tests and appointment letters were issued in late 2004 and early 2005.

Following the Department of Pension and Pensioners' Welfare (DoPPW) OM dated March 3, 2023, the applicants sought a shift from the New Pension Scheme (NPS) to the Old Pension Scheme (OPS), arguing their recruitment process preceded the December 22, 2003 notification of NPS.

The respondents rejected their claims, asserting that the recruitment process effectively started only when the Board considered their case in 2004.

1. Whether the recruitment process for the applicants' compassionate appointment was initiated prior to the NPS notification date of December 22, 2003, thereby qualifying them for coverage under the Old Pension Scheme (OPS)

Paragraph 4 of the Department of Personnel and Training (DoPT) OM dated March 3, 2023, which stipulates that Central Government civil employees appointed against posts/vacancies advertised or notified for recruitment prior to the NPS notification date (December 22, 2003) but joining on or after January 1, 2004, are entitled to a one-time option to be covered under the CCS (Pension) Rules, 1972 (now 2021).

The Tribunal examined whether "notification for recruitment" occurred before the December 22, 2003 cutoff. It noted that the General Manager of the Ordnance Factory had communicated the vacancy positions under the 5% compassionate appointment quota on July 26, 2003.

The Tribunal reasoned that the recruitment process is deemed initiated when the Competent Authority intimates vacancies to the relevant bodies for consideration.

Since the vacancy intimation and the applicants' submissions occurred prior to December 22, 2003, the applicants met the criteria set out in the OM dated March 3, 2023, regardless of the fact that formal testing and appointment letters were issued in 2004/2005.

The Tribunal also observed that the respondents had granted OPS benefits to eight junior LDCs while denying the same to the applicants, indicating an inconsistent and selective approach.

The court quashed the impugned rejection orders and directed the respondents to grant the applicants the benefits of the Old Pension Scheme (OPS) in terms of the DoPT OM dated March 3, 2023, within eight weeks.