LAWS(KER)-2020-3-438

UNION OF INDIA Vs. SHEEBA K.A.

Decided On March 05, 2020
UNION OF INDIA Appellant
V/S
Sheeba K.A. Respondents

JUDGEMENT

(1.) The issue agitated before the Tribunal was whether the applicant, in the peculiar facts and circumstances arising, could be covered under the Central Civil Services (Pension) Rules, 1972 (for brevity 'Rules of 1972'). The Tribunal found that on facts she has to be permitted to be covered under the Rules of 1972. We need not decide the question on merits, since already the Government has decided to give a one time chance for exercising an option to certain employees for being covered under the Rules of 1972.

(2.) We specifically extract paragraph 4 of the Government Order No.57/04/2019-P&PW(B) dated 17.02.2020.

(3.) On facts of this case it is noticed that the applicant was selected prior to 01.01.2004. She was selected to the post of Postal Assistant. She had undergone the first part of her training before 01.01.2004 itself. But in the meanwhile she became pregnant. Hence she could not be sent for the second stage of training. She was hence sent for training, after her pregnancy and her appointment was after 01.01.2004. It is in this circumstance that the applicant was found to be not entitled to be covered under the Pension Rules of 1972.