Lok Sabha Question No. 507 (UNSTARRED), answered on 2022-02-04
Subject: Suggestion of Law Ministry on NPS
Ministry: LAW AND JUSTICE
Asked by: Deepak Baij

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA UNSTARRED QUESTION NO.507 TO BE ANSWERED ON FRIDAY, THE 4 TH  FEBRUARY, 2022

## SUGGESTION OF LAW MINISTRY ON NPS

## 507.  SHRIDEEPAK BAIJ:

## Will the Minister of Law and Justice be pleased to state:

- (a) Whether views of the Ministry of Law & Justice had been sought by DoP&PW for excluding those employees whose advertisements for recruitment were issued on or before 31/12/2003 from purview ofNational Pension Scheme (NPS) and to  cover  them  under  Old  Pension  Scheme  in  view  of  various judgements of Supreme Court and various High Courts;
- (b) if so, the details of suggestions/comments offered by Ministry of Law & Justice along with the reasons for delay in furnishing the comments; and;
- (c) thereasons  for  advising  lame  litigation  in  each  case  even  after dismissal of SLPs and RPs at admission stage without conducting a  hearing  by  Supreme  Court,  to  tarnish  pro-public  image  of Government?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a) -(c):  The  Department  of  Pension  and  Pensioners'  Welfare made  a  reference  dated  12.11.2021  to  the  Department  of  Legal Affairs inter  alia seeking  advice  on  the  representations  received from employees for their inclusion under Old Pension Scheme on the basis of the date of advertisement being on or before 31.12.2003 of the posts against which they were appointed.

In  this  regard,  the  Department  of  Legal  Affairs vide note dated  24.11.2021  promptly  advised  that  to  abide  by  the  directions issued  by  a  judicial  forum  or  challenge  the  directions  before  the higher judicial forum, in case the directions issued are against the policies of the Ministry/Department, lies at the sole discretion of the said  Ministry/Department. In  case  an issue  has  attained  finality  in the  Hon'ble  Supreme  Court  then  the  Ministry/Department  has  to abide  by  the  directions  issued  by  the  apex  court,  otherwise  the Ministry/Department may have to face the consequences of contempt proceedings before the court.

Any  further  reference  on  the  subject  matter  will  be  dealt promptly. Also, proposal to file SLP or Review Petition before the Hon'ble Supreme Court originate in the concerned Department/Ministries  which  are  accepted  or  rejected  as  per  the considered opinion of the Ld. Law Officers.

According  to  the  Department  of  Pension  and  Pensioners' Welfare  the  National  Pension  System  (NPS)  was  introduced  for Central  Government  employees  by  a  Notification  of  Ministry  of Finance (Department of Economic Affairs) dated 22.12. 2003. NPS is mandatory for all new recruits to the Central Government service from 01.01. 2004 (except the armed force). In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement  for  the  vacancies  is  not  considered  relevant  for determining  the  eligibility  for  coverage  under  the  Old  Pension Scheme.