UNION OF INDIA Vs. NAWAL KISHOR THAKUR

JUDGEMENT

(1.) The aforesaid two writ petitions have been filed against the same impugned judgment dtd. 14/1/2025, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "Ld. CAT") in O.A. No. 050/ 00947/2022 and O.A. No. 050/00948/2022, hence the same have been taken up for hearing together and are being disposed off by the present common judgment and order. As far as the first writ petition i.e. CWJC No. 14291 of 2025 is concerned, the Respondent is son of the deceased original applicant, who happens to be wife of the deceased employee, hence the deceased employee shall be referred to as the husband of the original applicant in the present Judgment.

(2.) The Ld. CAT, by the aforesaid impugned judgment dtd. 14/1/2025 has allowed the connected original applications filed by the applicants and has directed to include the said two applicants in the old pension scheme and fix their pension/ pensionary benefits as per the Old Pension Scheme.

(3.) The short facts of the case are that the husband of the original applicant of the first case and the original applicant of the second case were initially appointed as Gramin Dak Sevak/ Extra Departmental Stamp Vendor at Bhagalpur Postal Division in the year 1974-76. Thereafter, the petitioners herein had initiated the process of filling up Group-D vacancies of the year 2000-03 from amongst the Extra Departmental Employees on the basis of seniority, however the DPC could not be held in the month of November, 2003, as scheduled, hence the said employees were promoted to the Group-D Cadre on 26/4/2005 against the vacancy of the year, 2003. The applicants were then promoted to the post of MTS Cadre. At this juncture, it may be relevant to mention here that the husband of the original applicant of the first case had superannuated on 31/1/2016, however he subsequently died on 9/8/2021 while the original applicant of the second case had retired from service on 31/12/2018. It is the grievance of the said employees that they are not being given the benefits of the old pension scheme.