Recruitment process initiated prior to December 22, 2003 entitles employees to Old Pension Scheme coverage.

The applicant was initially engaged as a casual employee in the Delhi Energy Development Agency (DEDA) on November 1, 1995.

Following the closure of DEDA and the termination of his services in 2001, the Delhi High Court directed the respondents to consider surplus employees for engagement in other departments.

Pursuant to this, the Services Department issued orders on March 11, 2003, and March 26, 2003, directing the Department of Drugs Control to consider the applicant for Group-D posts.

The applicant was invited for an interview on December 8, 2003, which was conducted on December 22, 2003.

He joined the service on January 15, 2004.

Although initially placed under the National Pension System (NPS), the applicant was shifted to the Old Pension Scheme (OPS) on May 31, 2023, following the Department of Pension and Pensioners’ Welfare (DoP) Office Memorandum (OM) dated March 3, 2023.

However, on September 13, 2024, the respondents revoked this benefit, claiming his recruitment was not through an open advertisement and his appointment occurred after January 1, 2004.

The applicant challenged the revocation orders dated October 25, 2024, and September 13, 2024.

1. Whether the recruitment process for the applicant was initiated prior to the cut-off date of December 22, 2003, thereby qualifying him for the Old Pension Scheme under the OM dated March 3, 2023.

2. Whether the transition from NPS to OPS is permissible for employees recruited through a targeted process for surplus staff rather than an open public advertisement.

The court primarily applied Paragraph 4 of the DoP Office Memorandum No. 57/05/2021-P(B) dated March 3, 2023, which provides that Central Government civil employees appointed against posts/vacancies advertised or notified for recruitment prior to the notification of the NPS (December 22, 2003) but joining on or after January 1, 2004, may exercise a one-time option to be covered under the CCS (Pension) Rules, 1972.

The Tribunal further relied on the precedent of Dharamvir Singh and others v. GNCTD (OA No. 1822/2021), which established that if the recruitment process was initiated before the cut-off date, the benefit of OPS must be extended.

The Tribunal observed that the recruitment process for the applicant began when the Services Department issued directions on March 11, 2003, and March 26, 2003, to accommodate surplus DEDA employees.

It noted that the interview letter was issued on December 8, 2003, and the selection interview took place on December 22, 2003, both of which fall on or before the cut-off date stipulated in the OM.

The Tribunal rejected the respondents' contention that the OM only applied to "open" competitive examinations, finding that the specific notification of vacancies for surplus employees through administrative orders constituted a valid initiation of the recruitment process.

The Tribunal distinguished the respondents' reliance on OA No. 972/2023, noting that the previous decision failed to analyze the specific provisions of Paragraph 4 of the March 3, 2023 OM, which is the governing rule in the present matter.

The Tribunal set aside the impugned orders and directed the respondents to grant the benefit of the Old Pension Scheme to the applicant after completing necessary documentation within eight weeks.

No order was made as to costs.