BMS affiliated union demands old pension for posts notified before 2004

Govt. Employees National Confederation, an union affiliated to the BMS has written to the Min of State, Ministry of Personnel, Public Grievances and Pensions demainding inclusion of Central Government Employees selected against the vacancies issued / notified and advertised prior to 01/01/2004 under Old Pension Scheme. After the issuance of OM No-57/04/2019-P&PW(B), dated 17-02-2020 by Department of Pension and PW for providing the option of OPS to those central government employees who were given the recruitment exam prior to 01/01/2004. After implementation these instructions so many central government workers who had not been covered under this parameter were feeling injustice. Sir, keep in mind of the above facts I request you legally the cut off date in this matter should be 01/1/2004 instead of 22/12/2003.

सरकारी कर्मचारी राष्ट्रीय परिसंघ
Govt. Employees National Confederation
(AFFILIATED TO B.M.S.)
CENTRAL OFFICE : RAM NARESH BHAVAN, TILAK GALI,
PAHAR GANJ, NEW DELHI – 110055

No. GENC/MoS PP/NPS/193(8/2/L)

Date: 16/12/2022

SUB OFFICE :
2-A, NAVEEN MARKET
KANPUR-206 004

To,
Dr Jitendra Singh
Hon’ble Min of State
Ministry of Personnel, Public Grievances and Pensions,
South block, New Delhi- 110001

Sub- Inclusion of central government employees selected against the vacancies issued / notified and advertised prior to 01/01/2004 under central civil services (pension) Rules-1972-Regarding

Sir,

Undersigned want to draw your kind attention in subjected matter for which along with a delegation of this federation met you since dated 26/2/2020 and submitted a memorandum No. N.C.C. (4/1/1/2020) dated 26/2/2020 for the same after discussion.

Sir, after the issuance of OM No-57/04/2019-P&PW(B), dated 17-02-2020 by Department of Pension and PW for providing the option of OPS to those central government employees who were given the recruitment exam prior to 01/01/2004 but result was declared on or after 01/01/2004 as qualified. After implementation these instructions so many central government employees who had not been covered under this parameter were feeling injustice and among of these employees most employees had been filed petitions in various CATs and after CATs judgement in favour of petitioners they got same benefits.

Sir, in spite of this huge numbers of central government employees were eagerly awaiting of such instructions in which they will also covered whose recruitment was under processed on the basis of issuance / notified and advertised the vacancies prior to 01/01/2004.

Sir, but after the ID note of min. of finance, department of expenditure no-1(7)/EV/2019 dated 05/12/2022 and also in response of the Rajya Sabha question no 678 by the DOP&PW from department of expenditure on dated 13/12/2022 it has been cleared that your department is going to change in cut off date 22/12/2003 as a NPS notification date instead of 01/01/2004. Sir if same will about to happened once again it will be injustice with those employees whose vacancies issuance and recruitment was under processed prior to 22/12 /2003 but same advertised and notified after 22/12/2003 to 31/12/2003.

Sir, earlier department of legal affairs have also given their legal opinion in subjected matter that “An administrative decision to issue executive instructions providing for coverage of old pension scheme who were covered under subjected parameter.”

Therefore keep in mind of the above facts I request you legally the cut off date in this matter should be 01/01/2004 instead of 22/12/2003 so that those central government employees who were recruited on the basis of published and advertised prior to 01/01/2004 may get justice.

Thanking you.

Yours Truly,

(SADHU SINGH)
The Secretary