Gouranga Charan Das vs EAST COAST RAILWAY on 5 November 2026

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

This OA has been filed by the applicant under section 19 of the AT Act, 1985 praying for direction to the respondents to bring him within the scope and ambit of Railway Pension Rules instead of National PensionSystem, which came into effect from 01.01.2004, by quashing the order dated 17.11.2023 in which his request to the above effect was rejected by the respondents. According to the applicant, his father while in service died on 30.12.2002. Vide application dated 06.08.2003, the mother of applicant submitted application to Respondent No. 3 with a prayer to provide her son employment in Railway on compassionate ground. It is submitted that vide letter dated 24.02.2004, Respondent No. 4 called the applicant for suitability test on 03.03.2004 and vide letter dated 16.07.2004 he was called for viva voce. After completion of viva voce, provisional appointment order was issued on 20.11.2004. It is submitted that vide office order dated 25.01.2005, the Respondent No. 4 issued list of candidates for appointment in Group-D Category RAVI KUMAR

and his name was placed at Sl. No. 4. Vide order dated 08.02.2005, he was posted as Khalasi (Power) at JJKR under SEE/BHC. In pursuance of the notification issued by the Railways, the applicant submitted option to come over to Old Pension Scheme. However, the request of the applicant was turned down in letter dated 17.11.2023. According to Ld. Counsel for the applicant, since his father died on 30.12.2002 and the respondents took 13 month to place his case before DRM/GM for approval, the case of the applicantis squarely covered by the RBE No. 28/2020. Hence, Ld. Counsel for the applicant sincerely prayed for granting of the relief claimed in this OA.

2. Respondents filed counter objecting the claim of the applicant. According to Ld. Counsel for the respondents, father of the applicant expired on 30.12.2002 and mother of the applicant had submitted an application for compassionate appointment on 07.09.2003. The respondents had promptly conducted necessary enquiry for appointment i.e. verification of antecedents of the applicant by Welfare Inspector on 30.11.2003 and then file was put up before Competent Authority (DRM/KUR) for taking RAVI KUMAR

administrative decision on 23.12.2003 and was approved on 19.01.2004. Thereafter, he was called for suitability test for Group-C post vide letter dated 24.02.2004 and for viva voce test on 16.07.2004. Since, the applicant did not qualify for Group-C test, he was offered appointment in Group-D. It is submitted that as the screening date of the applicant was approved by the Competent Authority on 19.01.2004, i.e. after implementation of NPS scheme, the respondents rejected the switching over of the applicant from NPS to OPS. Accordingly, respondents’ counsel prayed for dismissal of this OA.

3. We have considered the submission of the parties and perused the records. During pendency of the OA, the Department of Pension & Pensioners Welfare vide OM dated 22.06.2026 decided that “after inter-ministerial consultation and examination in consultation with the Department of Expenditure and DoPT, it has been decided that the date of application for Compassionate Appointment shall be considered as the crucial date for compassionate appointments provide that the applicants were eligible to be considered for appointment at the time of RAVI KUMAR

their application.” Railway Board vide RBE No. 49/2026 dated 24.06.2026 has decided that the OM dated 22.06.2026 of DoP&PW shall apply mutatis mutandis on Railways also.

4. In the instant case, as admitted by the respondents in the counter, the mother of the applicant had submitted an application for compassionate appointment on 07.09.2003. The respondents had promptly conducted necessary enquiry for appointment, i.e. verification of antecedents of the applicant by Welfare Inspector on 30.11.2003, and then file was put up before Competent Authority (DRM/KUR) for taking administrative decision on 23.12.2003 and was approved on 19.01.2004. In the circumstances, even if the applicant joined in February 2005, the DoP&PW OM dated 22.06.2026 and RBE No. 49/2026 is applicable in case of the applicant. Hence, the impugned order date 17.11.2023 is hereby quashed and the respondents are directed to issue consequential order, to bring the applicant under Old Pension System, within a period of 90 days from date of receipt of copy of this order. RAVI KUMAR

5. With the aforesaid observation and direction, this OA stands allowed. Pending MAs, if any, stands disposed of. Costs made easy.

(Pramod Kumar Das)

(Sudhi Ranjan Mishra) Member (Admn.)

Member (Judl.)

RK/PS

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