SUSHIL KUMAR JHA vs DEPTT OF POSTS on 16 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 1 O.A./282/2026 (PATNA) [ OLD PENSION SCHEME ] Court No.: 1 No of Adjournment: 6 Order Dated: 16/10/2026 SUSHIL KUMAR JHA Vs DEPTT OF POSTS

For Applicant(s) Advocate : Shri S.K.Tiwary For Respondent(s) Advocate : Shri Niraj Nandan, ASC Order of The Tribunal Shri S.K.Tiwary, ld. Counsel for applicant and Shri Niraj Nandan, ld. ASC for opposite parties are present. MA No. 434 of 2026 This Misc. Application has been filed by the applicant for condonation of delay in filing the instant OA. Heard the counsel for the applicant. The grounds for condoning the delay has been mentioned in para nos. 7 to 9 of the Misc. Application. Counsel for applicant orally submitted that the applicant was appointed as GDSMC in 1997 and inspite of that he was kept under NPS, whereas he was entitled to get the benefit under OPS. He further submitted that the representation preferred by the applicant dt. 06.02.2025 was also rejected by the Opposite Party/Competent Authority vide their letter dt. 20.02.2025. He submitted that the cause of action to get the benefit of OPS is continuous one and is not causing any specific bar on limitation period. On the other hand, counsel for opposite parties has also filed his reply to the Misc. Application and he vehemently opposed the prayer for condonation of delay in filing the instant OA. We have considered the submissions of rival parties. The grounds taken by the applicant for codonation of delay are sufficient, hence the prayer of condonation of delay is allowed by treating that the cause of action is continuous for filing the OA Accordingly, the Misc. Application is allowed and the delay in filing the instant OA is condoned. With this, the Misc. Application stands disposed of. OA No. 282 of 2026 Counsel for the applicant further submitted that he is not going to press the relief mentioned under para 8(iii) as such, the same may be treated as 'Not Pressed'. Counsel for the opposite parties has not raised any objection to the aforesaid prayer. As such, the relief mentioned under para 8(iii) be treated as 'Not Pressed'. Counsel for opposite parties submitted that he may be given an opportunity to file written statement in four weeks. Accordingly, four weeks time is granted to file the written statement.

List on 01.12.2026

KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sudhir Jha ( pps )