Temporary service as Senior Resident constitutes qualifying service for Old Pension Scheme upon regular appointment.

Ten applicants, currently serving as Professors at the All India Institute of Medical Sciences (AIIMS), New Delhi, joined the institute as Senior Residents on various dates between 2000 and 2003

They were subsequently appointed as Assistant Professors from 2004 onwards without any break in service

The applicants seek to count their period of Senior Residency as qualifying service to avail benefits under the Old Pension Scheme (OPS), which was prevalent prior to January 1, 2004

Although AIIMS initially granted this benefit to one applicant in 2015, it was withdrawn in 2016

On July 6, 2022, AIIMS informed the applicants that, based on clarifications from the Ministry of Health Family Welfare (MoHFW), the period of Senior Residency could not be considered for OPS benefits

The applicants challenged this action, citing Ministry policies and judicial precedents

1. Whether the period of service rendered as a Senior Resident between 2000 and 2003 constitutes "temporary service" qualifying for benefits under the Old Pension Scheme

2. Whether the applicants are entitled to a fresh consideration of their claims in light of Rule 13 of the CCS (Pension) Rules, 1972, and recent judicial precedents

Para 10(ii) of the MoHFW policy dated September 2, 1992, which clarifies that Senior Residents are governed by the Central Civil Services (Temporary Service) Rules, 1965, and their service may be counted for pension upon absorption into regular government service

Rule 13 of the CCS (Pension) Rules, 1972, which states that qualifying service commences from the date a government servant takes charge of a post to which they are first appointed in either a substantive, officiating, or temporary capacity

precedent set by the Delhi High Court in Association of Qualified and Trained Technologists, AIIMS Ors. v. Union of India (W.P. No. 11527/2017), as confirmed by the Supreme Court in 2025

The applicants argued that since they were treated as temporary government servants during their Senior Residency (as per the 1992 MoHFW policy) and transitioned to faculty positions without a break, Rule 13 of the CCS (Pension) Rules mandates the inclusion of that period in their qualifying service

The Tribunal noted that while the respondents had previously rejected the applicants' claims based on a 2022 clarification, the applicants sought a fresh review based on the specific legal framework and the decision in the Technologists case

The Tribunal observed that the respondents were willing to reconsider the matter if a fresh, comprehensive representation was submitted

The Tribunal determined that a directed administrative reconsideration was more appropriate than a merits-based adjudication at the admission stage

It directed the applicants to submit a fresh representation to the respondents within 15 days, incorporating relevant rules and judgments

The respondents were ordered to consider the representation and pass a reasoned and speaking order within eight weeks of receipt

No costs were awarded