Reversion to Old Pension Scheme पुरानी पेंशन योजना में वापसी – Status of Implementation of judgements निर्णयों के कार्यान्वयन की स्थिति |

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GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO: 589
ANSWERED ON: 20.07.2022

REVERSION TO OLD PENSION SCHEME

589. MS. DEBASREE CHAUDHURI
Will the PRIME MINISTER be please to state:

(a) whether the Supreme Court has dismissed more than half dozen Special Leave Petitions (SLPs) including SLP Nos.15312-15321/2021 and Review Petitions and ordered that Central Government officials whose advertisements were issued before 01/01/2004 and joining and results occurred after 31.12.2003 be reverted back to old pension scheme;

(b) if so, the status of implementation of all such judgements along with the number of employees who have been granted relief therein;

(c) the details of the comments received from the Department of Financial Services and Department of Legal Affairs and the action being taken by the Government for issuing general/executive orders in light of comments received to cover similarly placed employees; and

(d) if not, whether this has led to long litigation process for affected Government employees in the matter which has attained finality and also implemented in some of the judgements and if so, the comments thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) & (b): Hon’ble Supreme Court has dismissed some of SLPs/ Review Petitions filed by Union of India against the orders of Hon’ble High Court of Delhi allowing benefit of old pension scheme to those Government servants whose selection process was completed after 01.01.2004. Details of cases is enclosed at Annexure-A.

(c): Department of Financial Services in their comments have conveyed that DoP&PW may take appropriate decision in regard to excluding the employees whose recruitment advertisement was issued on or before 01.01.2004 from the purview of NPS and cover them under OPS.

Department of Legal Affairs has conveyed that the examination of the issue in this Department to the effect that an administrative decision to issue executive instructions providing for coverage of Government servants under old pension scheme who were appointed to Central Government service on or after 01.01.2004 on the basis of advertisement/notification of vacancies issued prior to 01.01.2004 appears to be in order.

There is no decision to issue general instructions in this regard.

(d): National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System.

Annexure- A

Status of Implementation of judgements after dismissal of SLPs / Review Petitions:

एसएलपी/समीक्षा याचिकाओं को खारिज करने के पश्चात्‌ निर्णयों के कार्यान्वयन की स्थिति

S. No.Details of casesNumber   of PetitionersStatus of Implementation

of Court order

1WP (C) No. 9252/2020 titled Shabad Prakash Punia & Ors in High Court o Delhi was allowed vide Order dated 15.01.2021.

An SLP (C) No. 7373/2021 filed by UOI was dismissed on 09.07.2021.

46Implemented
2WP(C) No. 1358/2017 filed by Shyam Kumar Choudhary and ors in High Court of Delhi was allowed vide order dated 09.04.2019.

SLP Dy. No. 31539/2019 was dismissed on 27.09.2019 and Review Petition dismissed on 24.11.2020. |

14Implemented
3WP (C) No. 6548/2020 titled Ithape Pandit Kisanrao & Ors in High Court of Delhi was allowed vide order dated 06.11:2020..

An SLP (CC) No. 8555/2021 filed by UOI was dismissed on 12.07.2021.

81Implemented
4WP (C)ZNo. 11097/2019 titled Amar Kumar in High Court of Delhi was allowed vide order dated 15.01.2021.

An SLP (C) No. 8985/2021 filed by UOI/Deptt. against the order was dismissed on 19.07.2021 and Review petition filed was dismissed on 23.03.2022.

01Implemented
5WP (C) No. 1569/2021 titled aswinder Singh & Ors in High Court of Delhi was allowed vide order dated 15.02.2021.

An SLP (C) No. 11749/2021 filed by UOI. against the order was dismissed on 31.08.2021.

106Implemented
6WP (C) No. 756/2020 titled Dr. Davinder Singh Brar Vs UOT é Ors in High Court of De’hi was allowed vide order dated 28.01.2020.

An SLP (C) No. 173/2021 filed by Uol was dismissed on 04.02.2021

01Implemented
7WP (C) No. 6989/2020 filed by Sh. Vipul Pandey & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 06.11.2020.

SLP (C) No. 11543/2021 filed by UoI was dismissed on 17.09.2021

58Implemented
8WP (C) No. 11169/2019 titled Chander Veer Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 16.12.2019.

SLP (C) No. 9950/2020 filed by Uol was dismissed on 16.04.2021.

32Implemented
9WP (C) No. 323/2020 titled Ashok Kumar & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.01.2020.

SLP (C) 10681/2020 filed by Uol was dismissed on 16.04.2021

10Implemented
10WP (C) No. 337/2020 titled Vikas Kumar & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 13.01.2020.

SLP (C) No. 2 10733/2020 dismissed on 15.02.2021.

62Implemented
11WP (C) No. 5443/2020 titled Prasiddh Narain & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022

480Implemented
12WP (C) No. 5075/2020 titled Sudesh Kumar Singh & Ors & UO! & Ors before the Hon’ble High Court of Delhiwas allowed vide order dated 15.01.2021.

SLP(C) No. 158312-15321/ 2021 dismissed on 03.01.2022.

744Implemented
13WP (C) No. 5080/2020 titled Sujan Singh Yadav & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

231Implemented
14WP (C) No. 5444/2020 titled Praveen Kumar & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

521Implemented
15WP (C) No. 5445/2020 titled Kulesh Kumar Patel & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

495Implemented
16WP (C) No. 5447/2020 titled Gaikwad Valmik S & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

502Implemented
17WP (C) No. 7745/2020 titled Harbir Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

72Implemented
18WP (C) No. 11061/2020 titled Budhi Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

749Implemented
19WP (C) No. 11063/2020 titled Bijendra Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

48Implemented
20WP (C) No. 11065/2020 titled Bhupendra Singh & Ors Vs UOI& Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.

862Implemented
21WP (C) No. 12083/2019 titled Karamvir Singh & Ors Vs UOI & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021.

SLP(C; No. 16570/2021 dismissed on 03.02.2022

146Implemented
22WP (C) No. 10317/2020 filed by Dilip Kumar Singh & Ors before the Hon’ble High Court of Delhi was allowed vide order dated 15.01.2021 rectified on 02.02.2021.

SLP(C) No.779/2022 dismissed on 07.02.2022.

33Implemented

 

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