St CUNTIAG HAR Wy SOUTH EAST idoml tee SAY fre qd mea rd a aigh water 3} (om i fon ‘oso Rien raienge = aopo04 0782 1700 (bey, ‘go ~ 62030, 07752-247030 Gaby MPPAE|H ba} 62938, 07752-247030 ne ati Me; OF 07, 17 RT/JBP/OA/31 Bi ; vine of order / Judgment passed ty Hontble CATAIBP nar Baghmure & Ors, -VS-UOL& ORS. {Me Hon'ble Jabalpur Tribunal disposed the matter vide order dated 20.00.17 at admission “Ake interalia with directions reproduced below “in view of the Limited prayer made by the applicants and without represen, dispose of this OA with a direction 10 the respondents een rtations of the applicants in the ligin of ratio taid down by. Ee 724720128 {80/20/15 and in special appeal No. 30/2013 by the hon’ ble | Siiin a period of two months from the date of receipt of eopy of this order bY MuSsiNi speaking order.” merits of the and decide the Hum Bench in OA No. gh Court of Uttarakhand, reasoned ALP and 16 uthers directly ose in the yestr 2002. They PF(Old Pension scheme), year 2004 when NPS were “The above subject case was filed by Sri Sunant Kumar Baghina Srotuited through RRB and appointed in year 2004 against the vacancie Thetestieved by including him New Pension Scheme (NPS) instend of They are claiming that . the recruitment process was started before We reqioduced and delay occurred in finalizing the recruitment process for the post was die ho aul of the Tesponclemts since the vacancy had arisen in the year 2002 Applicants in subject OA relied on relief granted by Hon'ble Courts in so claimed identical No 35001 Order dated 26.06.14 passed By Hon'ble High Court of Utarakhuund in Spec No. 230/134b) Orcer dated 30.07.14 passed By Hon'ble High Court of Ui NP. 1044(SSV2014 and (e) Order dated 15.02.16 passed By Herhke CAT/Emakul No.202015. Phe, mater has been examined in the Tight of extant instructions and observed asunder: 1. Order dated 26.06.14 and Order dated 30.07.14 passed By Hon'ble tigh Court of Uttarakhand perains to Primary School Teachers of State Government of Ultarakhand wllerens Onin dated 15.02.16 passed By Hon'ble CAT/Emakulam pertains to Deparment of Posts, Ministry of Communications. Ministry of Railways was neithcr party 2. Railway Board vide RBE 225/2003 instructed that the existing RSPR, [993 including Commutation er Pension Rules & Extraordinary Pension Rules and SRPF Rules contained in IREC. Vert shall not be applicable to new recruits entering in railway from 01.01.2004 3. Hon’ble Minister of Finance in reply to Rajya Sabha Question No. 1506 answered on 29.11.2016 that it has been decided to file a petition before Hon'ble High Coun of Kerala againer he order passed by CAT/Ernaculam in OA No. 20/15. Accordingly Postal department has filed an appeal before Hon'ble High Court Of Kerala vide OP(CAT) 304/2016 UOI Vs Shecba.B which ic still pending for adjudication. Hence the order passed by Hon"ble CAT/Emaculum in OA 20/15 yet not attend finality,ihe applicability of CCS (Pensi ion) Rules a 'o join serviee i ind to extend the new pensic om or after 01.01.2004 Heyes 11 scheme to all those who were ree fe Of the date on which offer of appoinmment cee Cees pt, tem, the petitioners da nt hike ‘ee . HOt have “any iegal right to claim applicabitiy at COS(Pension Rules, 1972 to them oh mm ee 5. Hon'bi © High Court of Delhi i held thy Mat“ We ure not inelined “inakulam Bench in the decision 28 of 2016 decided on 02.03.12, fasoning of the Central Administrative Tribunal dated 28.06.2013 in OA No. 24/2010. P Rajesh Kumar and Ors Ws. The Union of india & Ors. whieh Fecords that bene! old pension scheme would be peitble to the applicants therein for the ressn shat the vacancies had arisen and related to the period Brior to Ist January. 2004, The ratio and eptable in view of the prescribed cut-off date of 1.1.2004, wit wot the date of vacancies. The aforesaid Sriterion. ie the di 3 salutary and good reason, Courts cann another criterion as has been done by the Tribunal in the ease of P. Rajesh Kumar (stray, herein the date of vacancy, it has been observed, would be the sang Just eriterion. This is impermissible and vege, be accepted. The cours or judicial torums ae ot leaislate and substitute dates. Itis well souled iy the courts do not interfere with eut-oft date Pontes® are matters of discretion and within ee domain of the Executive or the Legislature. The crtesg to SPeEiY a date from which terminal or parca, benefits, as the case may be, shall toke **Tect is Concomitant of the power of the sa Unilaterally. So long. as 'e of Corporation to change the conditions of service lhe date specified is reasonable and not wayward with tekvice to the Feauirement of fixing a point of time ete., no interference Kee the Court is called for. of the Feasoning is unacy ja IS Not arbitrary or whimsical but is with h reference to the late of joinin, 'Ot substitute the said 6; Hon'ble High Court of sharkband in WP(S) No. 4946 of 2008 decided on 02.03.12, held that “From the discussion of the ease of the parties made hercin above 's clear that the new pension scheme has 1.12004 upon a com: had been governed by y different pensionary schemes petiticner to claim th ice earlier point of time will not entitle the at the Navodaya Vidyalaya Samiti is le Court ii 2014 decided on 20.01.15, that held as under “We hav crsilly persed fe edgewear sige ot ZOOS, in WP. No. 4946 of 2008 against which SLP(C) No. 19102/2012 h: been filed and we coneur with the view of the High Court, The cut-off date is a domain ofthe employer and so the introduction of nem anne, ion wil Si r rs including financial viability of the jon will be done considering all the relevant factors inc 7 ite No iuedierncs omaraw sala har hse eee en a wellseted and accepted principle of lw that he name of a candidate appearing oa # would not give him an indefetsible right t appointment andi woud be ope te FT Ue tiles Wc ucases me Goverment cannot be compelled to fll up vacancies Seer peidesbiow-nctiniderno naa aad Valea eatin rect recruits, (See where the deci avs State of Haryana (1986) 4 SCC 268), Manoj Manu vs. UOl (2013) 12 SCC im, ‘Neclima aa Siak Vs. State of Punjab (2016) 6 SCC $32). Thus, we would hold that there ean be & Kulwinder pals) date of vacancy, selection and appointment. On some occasions, appoitinente may between Je after a long delay”. fot be made ata Soe corerdaunnieck Applicants for switching to old pension scheme cannot be Paagutee bos This is full ad final compliance of Hon'ble CAT’s order dated 21.04.17 acceptable, he in subject matter. bg = ( > Se. Divisional Personne! Officer SECR, Bilaspur