14 August 2019
Sir/madam, I passed Indian Engineering Service Examination, conducted by the UPSC, in the year 2002. Result of the exam was declared in May’2003. Based on merit and my choice I was allotted Indian Ordnance Factory Service. Ordnance Factory Board(OFB) issued appointment letter dated 23.04.2014 and directed me to report at Staff College Ambajhari, Nagpur on 01.07.2004. Accordingly I joined this service on 01.07.2004 F/N and completed my training in PTC 32 batch.
I got the appointment letter after almost one year of declaration of result of ESE 2002. After joining in July 2004 I was put under New Pension Scheme, which was effective from 01.01.2004.
It is pertinent to mention that candidates from ESE’2002 examination who got other other departments got letter of appointment in year 2003 itself and joined the service in year 2003. They are covered under old pension scheme i.e. CCS Pension Rules 1972.
I have suffered by the change in the policy of the Central Government to do away with old Pension scheme which automatically made eligible all those who joined prior to 31st Dec 2003. My batch mates in other departments like Indian Railway Service were issued letters offering appointment in 2003 and had I, likewise, been issued a letter offering appointment, I would also have been a member of the old Pension Scheme. As a result of being offered appointment letter in Apr 2004, I have perforce been made a member of the new Pension Scheme.
I want to highlight here that I have been made to join as Assistant Works Manager(OP) on 01.07.2004 is not the result of anything created by me but is a result of delay and negligence on the part of the concerned officials at OFB.
I have been deprived the opportunity to join service with candidates who got other departments like Indian Railway and appeared & passed in the same ESE 2002 batch on account of delay in issuance of the Appointment Letter. I am, otherwise, entitled to the benefit of the old Pension Scheme which remained in force till December 31st 2003.
Further I also want submit that my selection process commenced before the New Pension Scheme was actually notified. Being known by the OFB that the benefit of Old Pension Scheme will no more be available after 31.12.2003, OFB could have issued the appointment letter earlier with a direction to the candidates to join the service before 31.12.2003.
In view of above I request to guide me how to proceed a legal case to get myself change from New Pension Scheme to Old Pension Scheme to take the benefit of the CCS Pension Rules 1972.
14 August 2019
Ji, to me, any State Public Service Commission or UPSC, before notifitying the vacancies, call for the vacancy position from all the departments concerned as on the date of memo to the Unit Officers and some times call for to be arised vacancies also. It is not advisable to file case.
15 August 2019
You do have a good case. First of all send a representation to your employer, take it's decision and then challenge that decision in Administrative Tribunal. Though yours is a recurring, continuous cause of action but still aforesaid is advised not only because it is a mandatory pre-requisite to seek legal remedy but also it would address the limitation aspect, objection if any raised during the course.
I am sure that the representation would be rejected by the employer