Not counting temporary service of employees to cover them under old pension scheme is illegal: Central Administrative Tribunal

The Chandigarh bench of the Central Administrative Tribunal has quashed an order of the PGI for not counting the work charge/temporary service rendered by some employees to cover them under the old pension scheme (OPS).

While observing that the order of rejection of the demand of employees is not in consistence with the law settled on the issue, the Tribunal has directed the PGI to do the needful within a period of two months.

Madal Lal and two other employees working as Mortar Mate, in the department of engineering PGI

filed an application through advocate Karan Singla  before the Tribunal praying to quash the order dated January 27, 2020, vide which their claim was rejected and to issue directions to respondents to allow GPF-cum-Old Pension Scheme under CCS (Pension) Rules, 1972, which was prevailing at the time of the initial appointment of applicants in 1994.

The applicants said that they were appointed in 1994 as Mortar Mate under the regular pay scale of Rs 2,550-3200 as temporary/work charged employees against sanctioned strength of Construction Division for a maximum period of 2 years, which were extended and continued as such till their regularisation/absorption against substantive posts.

Their services were regularised by Governing Body of Institute in its meeting held on August 06, 2016 However, the PGI issued office order dated June 7, 2018, after a delay of about two years.

The applicants further submitted that Rule 4 of GPF provides to start subscription to GPF on completion of one year of continuous temporary service. The respondents have no plausible explanation for not starting the GPF facility on completion of one year continuous service as temporary employee they said that since they have been working on contract basis followed by regularisation in 2016 therefore they are entitled to get the GPF subscription in old pension as settled in earlier decision of CAT where in ad-hoc service followed by regularisation has been  ordered to be counted   towards grnat of pensionerary  benefits  and  GPF subscription

They submitted representations which were rejected vide letter dated January 27, 2020.

On the other hand, the respondents opposed the  plea by saying that since the applicants service before   regularisation was not adhoc but work charged/contractual and they were not appointed  against sanctioned posts therefore they are not entitled to relief claimed in the  application

After hearing of the arguments the Tribunal said that the respondents' action not to treat the applicants covered under old pension scheme is not in consonance with the judicial pronouncements in the similar matters.

Accordingly, the order dated January 27, 2020, is quashed and set aside as being arbitrary and illegal. The respondents are directed to do the needful in view of the observations made hereinabove, within a period of two months from the date of receipt of a copy of this order.