Vacancies notified/advertised reg old pension scheme

jeyakumar (Querist) 01 September 2023 This query is : Resolved
respected experts,

As per the OM dated 03.03.2023 of DOPT, those who were recruited against a vacancy/post which were notified/advertised before 22.12.2003 are eligible for Old Pension Scheme.

i am giving a brief of our issue.

1. In our dept, Recruitment Rules for a post along with the vacancies were notified in the gazette in 13.09.2003

2. for which advertisement for recruitment was issued by the SSC during 2006 and exam held in 2006. we got selected.

3. the vacancies belong to the year of 2002 to 2006. but all the vacancies were notified in the RR vide Gazette dated 13.09.2003.

we have represented our claim with Dept. if our dept rejects, can we get favourable judgement from courts? becoz Ernakulam CAT has given judgement in favour of vacancy aised if before the notification of New Pension Scheme. Some are getting rejection letters saying the notification we referred is just a RR notification. but we claim that this is not just RR notification and vacancies notification too as per the OM dated 03.03.2023 as it nofitied the number of vacancies and selection process, eligiblities and etc.

thanks in advance for your replies.

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Quick Summary

This discussion concerns eligibility for the Old Pension Scheme (OPS) for individuals recruited after vacancies were notified but before the cut-off date of 22.12.2003. The core issue revolves around whether a Recruitment Rules (RR) notification that included the number of vacancies constitutes a 'vacancy notification' as per DOPT's OM dated 03.03.2023. Participants are seeking advice on departmental representations and the potential for favourable court judgments, referencing a case from the Ernakulam CAT, though noting it was later stayed.

Sudhir Kumar, Advocate (Expert) 01 September 2023
In your case the vacancies arose before cut-off date and advertised later on.

please share the CAT Ernakulam judgement mentioned by you.

kavksatyanarayana (Expert) 01 September 2023
Yes. I opine that if you opt for the old pension scheme before 31.08.2023, you are eligible for the old pension scheme as per No.57/05/2021-P&PW(B), dated 03.03.2023 of Ministry of Personal, Public Grievances and Pensions of Government of India.

jeyakumar (Querist) 01 September 2023
Respected sir, not only our vacancies arose before cut-off date, our vacancies were notified in RR in gazette before cut-off date.
Hon. CAT, Ernakulam Bench (Kerala Circle) in the case of Ms. SHEEBA vs UOI. But later it was stayed by Kerala High court. But the issue is yet to get finality. We rely on two issues sir.
1. Vacancies notified in RR in gazette before cut-off date. In RR notification , sanctioned strength i.e., number of posts were notified which includes existing vacancies. For which, recruitment rules notified
2. Vacancies arose before cut-off date.

Again thanks for your kindness sir.

Our claim is that notification of RR itself is a vacancies notification as it notifies number of vacancies for recruitment

kavksatyanarayana (Expert) 01 September 2023
You have not opted for OPS? If you have any grievances, file a case in CAT.

T. Kalaiselvan, Advocate (Expert) 02 September 2023
From your contents it can be noted that the notification for vacancy as well as recruitment was well before cut off date, hence you can institute a writ petition directly before the high court and look for relief,

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