UNION OF INDIA Vs. KANCHAN BALA

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 23/2/2022 passed by Central Administrative Tribunal, Jodhpur Bench for short "the Tribunal", whereby the Original Application No.290/00197/2020 preferred by the respondent - applicant was allowed.

(2.) Briefly, the facts giving rise to the present writ petition are that the respondent -applicant applied for the post of Junior Hindi Translator in the pay scale of Rs.5000.008000 in the petitioner - Department in the month of September, 2003. The respondent- applicant was selected and was issued appointment letter dtd. 15/11/2003. In pursuance of the letter dtd. 15/11/2003, she joined on the post of Junior Hindi Translator on 24/11/2003. The appointment of the respondent-applicant was purely on temporary and adhoc basis upto 31/1/2004 against the lien vancancy. The services of the respondent-applicant were extended up to 31/1/2005. Thereafter, in pursuance of the Office Memorandum dtd. 1/4/2005, an appointment letter was issued in favour of the respondent-applicant, granting continuity on the same post, which was made effective w.e.f. 1/4/2005 (Annexure-7). The appointment letter shows that she would be on probation for a period of two years. The respondent-applicant continued to serve the petitioner-Department on the post of Junior Hindi Translator.

(3.) The dispute arose with respect to the fact that whether the respondent-applicant is a member of Old Pension Scheme or she will come under the purview of New Pension Scheme, which became effective on 1/4/2004. Since the representations submitted by the respondent-applicant were not favourably decided and she was placed under the New Pension Scheme instead of being covered under Old Pension Scheme, she preferred an Original Application before the Central Administrative Tribunal, Jodhpur Bench.