LAWS(TLNG)-2023-12-98

A.V.MADHURI Vs. UNION OF INDIA

Decided On December 16, 2023
A.V.Madhuri Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Writ Petition is filed seeking the following relief:

(2.) The case of the petitioner, in brief, is that initially she was appointed as Field Supervisor on 2/3/2001 in Marine Products Export Development Authority (MPEDA), which is an Undertaking under the Ministry of Commerce & Industry, Government of India, and the said post is a Pensionable post. Accordingly, she was put in the pension scheme of the Central Civil Services (Pension. Rules, 1972 (in short 'the Pension Rules, 1972'). It is the further case of the petitioner that later she has responded to the notification issued by the National Fisheries Development Board (in short 'the Board'), the 2nd respondent herein, which is a Central Government Autonomous Body directly under the Ministry of Fisheries, Animal Husbandry, Dairying, under the Ministry of Agriculture. After due process of selection, the petitioner was offered the post of Executive Engineer (Technical. and joined on 4/7/2008 after submitting technical resignation as required under the Pension Rules, 1972. Immediately after joining in the office of the respondent Board, the petitioner had requested the second respondent to protect her previous service since both the Organizations are the Autonomous Bodies under the Government of India. Pursuant to several representations made by the petitioner to protect her past service, the Deputy Director (PERS), MPEDA, vide Lr.No.NFDB/Admn/49(PF.AVM)/2008/1219, dtd. 26/9/2014 has communicated to the petitioner that the Board was established in the year 2006 and therefore, the NPS introduced by the Government from 1/1/2004 is only applicble and therefore the question of counting of past service of the petitioner for the purpose of pensionary benefits under the Old Pension Scheme does not arise. On the basis of the said letter, recoveries were sought from the monthly salary of the petitioner towards subscription under CPS. Thereafter, based on the Office Memorandum dtd. 11/6/2020 issued by the Government of India, the petitioner has again made representations seeking restoration of OPS by counting her past service rendered in MPEDA and vide order dtd. 8/3/2021, the request of the petitioner was negatived by the 1st respondent. Hence, the petitioner is before this Court.

(3.) On 16/10/2014, this Court in W.P.M.P.No.38613 of 2014 has granted stay of recovery of subscription under New Pension Scheme as ordered in Office Memorandum No.NFDB/Admn/49(PF.AVM)/2008 dtd. 26/9/2014 issued by the third respondent.