SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred by the petitioners, namely, 1. Shri Sanjay Kumar and 2. Sri Hardewa Ram challenging the order dtd. 20/12/2019 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in O.A. No. 041/00218/2018 whereby their original application filed before the Central Administrative Tribunal, Guwahati Bench, Guwahati was dismissed.

(2.) The petitioners are working as the Superintendent Group "B" of Central Goods and Service Tax and posted at Dibrugarh and Agartala respectively. By way of advertisement dated 25-31/1/2003 issued by the Staff Selection Commission, a Combined Graduate Level (Preliminary) Examination- 2003 for selection of candidates for recruitment to the post of Inspector of Central Excise/Income Tax, Preventive Officer in Customs etc. along with other posts were advertised. The petitioners applied for in response to the said advertisement. The selection was conducted in three stages, namely, preliminary examination, main examination and interview. The petitioner No. 1 appeared in the examination under Roll No. 2018181 and the petitioner No. 2 appeared in the examination under Roll No. 1728631. The results of the examinations were published in the "Employment News" dated 15-21/1/2005. The names of the petitioners appeared at Serial No. 185 and 219 respectively under the category of Inspector of Central Excise. Thereafter, on completion of required procedural formalities and Police verification etc., the petitioner No. 1 joined his service on 5/8/2005 and the petitioner No. 2 joined his service 24/8/2005 to the posts of Inspector of Central Excise. The petitioners were subsequently promoted to the posts of Superintendent of Central Excise w.e.f. 16/3/2017.

(3.) When the selection process was initiated, all the employees were covered under CCS (Pension) Rules, 1972 as per the General Provident Fund (GPF) Scheme in respect of their Pension which was in force till 31/12/2003. Subsequently, the pension Rule was substituted by the Government of India by a "New Defined Contributory Pension Scheme (NPS)" w.e.f. 1/1/2004.