Madras High Court
S.Sivashanmugam vs The Union Of India on 4 March, 2024
Author: S.M.Subramaniam
Bench: S.M. Subramaniam
2024:MHC:1142
WP No.1214 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04-03-2024
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
And
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
WP No.1214 of 2024
And
WMP No.1258 of 2024
1.S.Sivashanmugam
2.V.Rejnish
3.V.Silvia
4.B.Shobankumar
5.G.Irudaya Yoganand
6.M.Muruguranjani
7.Semira Kakot Manoli
8.Rama Krishna Golugula
9.P.Velayoudam
10.P.Chandravarman
11.V.Jayabalasubramanian .. Petitioners
-vs-
1.The Union of India,
by the Government of Puducherry,
Represented by its Chief Secretary,
Chief Secretariat, Goubert Avenue,
Puducherry.
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WP No.1214 of 2024
2.The Special Secretary,
Department of Personnel and Administrative
Reforms Wing (Personnel Wing),
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
3.The Finance Department,
Represented by its Secretaray,
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
4.The Law Department,
Represented by its Secretary,
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
5.The Judicial Department,
U.T. of Puducherry,
Represented by the Chief Judge,
Integrated Court Complex,
Cuddalore Road,
Mudaliarpet,
Puducherry. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling upon
the records of the respondent dated 08.11.2023 in Ref.No.2340/JD/A/2023
and quash the same and direct the respondent 1 to 5 to approve the one-time
option exercised by the petitioners 1 to 11 vide their representations dated
20.03.2023 to 28.03.2023 and consequently hold that the petitioners 1 to 11
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WP No.1214 of 2024
are eligible to switch over from National Pension System (NPS) to CCS
(Pension) Rules, 1972 (now 2021) as per the Office Memorandum No.5705
/05/2021-P&PW(B) dated 03.03.2023 of the Ministry of Personnel,
Government of India communicated vide I.D. Note / Office Memorandum
No.G.12011/FD/F3/A2/2018, dated 13.03.2023 of the third respondent and
to grant all consequential service and pension scheme under CCS (Pension)
Rules 1972 benefits.
For Petitioners : Mr.Swarnam J.Rajagopalan
For Respondents : Mr.V.Vasanthakumar,
Additional Government Pleader
(Puducherry).
ORDER
[ORDER OF THE COURT WAS MADE
BY S.M.SUBRAMANIAM, J.]
The rejection of the claim of the writ petitioner for grant of
benefit of Old Pension Scheme, is under challenge in the present writ
petition.
2. All the petitioners were admittedly appointed from the year
2005 onwards. Some of the petitioners were appointed in the year 2006,
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2007 and 2008 also. Admittedly, all the writ petitioners were appointed after
the cut off date of 01.04.2003, the date on which the new Contributory
Pension Scheme came into force.
3. The learned counsel for the petitioners relying on the Office
Memorandum No.5705/05/2021-P&PW(B) dated 03.03.2023, Ministry of
Personnel, Public Grievances and Pensions Department of Pension and
Pensioners' Welfare, New Delhi dated 23.03.2023 states that the
Government of India clarified that in respect of Recruitment Notification
issued, prior to 22.12.2003, employees appointed after the cut off date of
01.01.2004 are also eligible to exercise their option for Old Pension
Scheme.
4. Perusal of the Office Memorandum reveals that the judgment
of the High Court and the Hon'ble Administrative Tribunals allowing such
benefits are referred. There are subsequent judgments by the Full Bench of
this Court that the employees appointed after the cut off date are not eligible
for Old Pension Scheme. They are brought under the Contributory Pension
Scheme (New Pension Scheme).
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5. In the present case, the Recruitment Notification issued on
02.12.2003. The selection processes were conducted and the petitioners
were appointed respectively in the years 2005, 2006, 2007 and 2008. As on
the date of Notification on 02.12.2003, the petitioners were not in service.
The date of Recruitment Notification cannot be the criteria to seek pension
benefits.
6. The Office Memorandum relied on by the petitioners are
running counter to the New Pension Scheme, cut off date and the the Full
Bench judgment of the High Court and the Supreme Court of India.
7. As far as the Union Territory is concerned, New Pension
Scheme came into effect on 01.01.2004. In the present case, the notification
was issued on 02.12.2003. In view of the fact that there are certain
contradictions and inconsistencies in implementing the New Pension
Scheme and the Office Memorandum is also not inconsistence with the
decision of the Full Bench of this Court and Apex Court, we are granting
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liberty to the petitioner to approach the Government of India, Ministry of
Personnel Public Grievances and Pensioners, Department of Pension and
Pension Welfare, New Delhi. In event of submitting any such appeal by the
petitioner, the same may be decided on merits and in accordance with law.
8. With the above liberty, the Writ Petition stands disposed of.
However, there shall be no order as to costs.
(S.M.SUBRAMANIAM,J.) (K.RAJASEKAR,J.)
04-03-2024
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
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To
1.The Chief Secretary,
Union of India,
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
2.The Special Secretary,
Department of Personnel and Administrative
Reforms Wing (Personnel Wing),
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
3.The Finance Department,
Represented by its Secretaray,
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
4.The Law Department,
Represented by its Secretary,
Government of Puducherry,
Chief Secretariat, Goubert Avenue,
Puducherry.
5.The Judicial Department,
U.T. of Puducherry,
Represented by the Chief Judge,
Integrated Court Complex,
Cuddalore Road,
Mudaliarpet,
Puducherry.
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S.M.SUBRAMANIAM, J.
AND
K.RAJASEKAR, J.
Svn
WP 1214 of 2024
04-03-2024
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