Regularization Post-2004 Against Earlier Screening Lists Precludes Eligibility for the Old Pension Scheme

The petitioner worked as a Commission Vendor on a temporary basis for East Central Railways from 1982

Following a policy decision to absorb such vendors, a seniority list was prepared in 1995 including the petitioner at Serial No. 448

While a sub-list was published in 1995, regularizations were delayed; the petitioner was finally regularized as a Khalasi via an order dated March 26, 2004, and joined on April 8, 2004

In 2020, the Railways adopted a government circular allowing employees recruited against vacancies occurring before January 1, 2004, to opt for the Old Pension Scheme (OPS) under the 1993 Rules

The petitioner's application to switch from the New Pension System (NPS) to OPS was rejected on June 16, 2021, on the grounds that his regular appointment occurred after the cut-off date

The Central Administrative Tribunal (CAT), Patna Bench, dismissed his original application on February 3, 2025

1. Whether the petitioner is entitled to the benefits of the Old Pension Scheme under the Circular dated February 17, 2020, given that his absorption process began before January 1, 2004, but was finalized after that date.

2. Whether the petitioner's regular appointment as a Khalasi in 2004 falls under the exclusionary clauses of the 2020 Circular.

The court applied the Railway Service (Pension) Rules, 1993, and the Department of Pension & PW Circular dated February 17, 2020 (adopted by Railways via RBE No. 28/2020)

The doctrine established by these circulars is that coverage under the Old Pension Scheme is restricted to employees whose recruitment results were declared before January 1, 2004, against vacancies occurring on or before December 31, 2003

specific "exclusion clauses" in the 2020 Circular deny OPS to those whose names were on a panel before 2004 but were recruited against vacancies occurring after January 1, 2004

The Court observed that while the petitioner's screening occurred in 1995, his actual regular appointment was contingent upon the availability of vacancies

In the petitioner's specific case, vacancies in the Danapur Division only arose in 2004, leading to his appointment order dated March 26, 2004, with effect from April 8, 2004

The Court reasoned that since the National Pension System (NPS) was notified on December 22, 2003, and became effective on January 1, 2004, the petitioner’s post-2003 appointment date is the determining factor

Applying the exclusion language of the 2020 Circular, the Court found that even if a candidate was empanelled early, recruitment against a vacancy arising after the cut-off date precludes OPS eligibility

The Court distinguished the precedent cited by the petitioner (Manish Kumar v. UOI), noting that the issue of administrative delay in that case did not override the specific vacancy-based criteria of the 2020 pension policy

The court affirmed the findings of the CAT and dismissed the writ petition, maintaining that the New Pension Scheme applies to all government servants appointed on or after January 1, 2004