 Early Times Report
Jammu, Sept 19: In a landmark ruling, the Central Administrative Tribunal (CAT), Jammu Bench, has directed the University of Jammu to extend the benefits of the Old Pension Scheme (OPS) to Dr. Vijay Kumar Shivgotra, Assistant Professor in the Department of Statistics, setting aside years of bureaucratic inaction. The Tribunal, comprising Member (J) Rajinder Singh Dogra and Member (A) Ram Mohan Johri, held that the applicant could not be deprived of OPS benefits due to delays and negligence on part of the authorities, especially when his selection and appointment process had been finalized prior to the implementation of the New Pension Scheme (NPS) in 2004.
Dr. Shivgotra had approached the High Court in 2023 after the University failed to implement the Government of India’s Office Memorandums (OMs) allowing eligible employees, appointed under special circumstances, to shift from NPS to OPS. The case was later transferred to CAT following the J&K Reorganization Act, 2019.
The Tribunal noted that despite repeated communications from the applicant’s previous employers — National Institute of Occupational Health (ICMR) and National Institute of Health and Family Welfare (NIHFW) — confirming his eligibility under the OPS, the University continued to delay the matter, pushing him to litigation.
Relying on a series of precedents, including Pawan Kumar & Ors. vs. Union of India decided by the Delhi High Court, the Bench ruled that “basic terms and conditions of service, such as the right to receive pension upon superannuation, cannot later be altered to the prejudice of incumbents after commencement of the selection process.”
Allowing the transfer application, the Tribunal directed the University to pass formal orders granting OPS benefits to Dr. Shivgotra in compliance with the 87th University Council decision and relevant Government of India OMs. The Tribunal further directed that all consequential benefits be issued in a time-bound manner within two months.
The ruling is being seen as a significant relief for many similarly placed employees seeking protection under the Old Pension Scheme, despite delays in their appointments caused by administrative lapses. (JNF) |
