Lok Sabha Question No. 589 (UNSTARRED), answered on 2022-07-20
Subject: Reversion to Old Pension  Scheme
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Debasree Chaudhuri

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLiC GRIEVANCES AND PENSIONS (DEPARTMENT OF PENSION & PENSIONERS' WELFARE)

LOK SABIIA UNSTARRED QUESTION NO. 589

(TO BE ANSWERED ON 20.07.2022)

## REVERSION TO OLD PENSION SCHEME

## 589. MS. DEBASREE CHAUDHURI:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Supreme Court has dismissed more than half dozen Special Leave Petiti (SLPs) including SLP Nos. 15312-15321/2021 and Review Petitions and ordered tha Central Government officials whose advertisements were issued before 01/01/2004 a joining and results occurred after 31.12.2003 be reverted back to old pension schem
- (b) if so, the status of implementation of all such judgements along with the num employees who have been granted relief therein;
- (c) the details of the comments received from the Department of Financial Services Department of Legal Affairs and the action being taken by the Government for iss general/executive orders in light of comments received to cover similarly employees; and
- (d) if not, whether this has led to long litigation process for affected Government em in the matter which has attained finality and also implemented in some of the judg and if so, the comments thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JTTENDRA SINGH)

(a) & (b): Hon'ble Supreme Court has dismissed some of SLPs / Review Petitions fil Union of India against the orders of Hon'ble High Court of Delhi allowing benefit of old scheme to those Government servants whose selection process was completed after 01.01.2 Details of cases is enclosed at Annexure-A.

- (c): Department of Financial Services in their comments have conveyed that DoP&PW ma take appropriate decision in regard to excluding the employees whose recruitment adverti was issued on or before 01.01.2004 from the purview ofNPS and cover them under OPS.

Department of Legal Affairs has conveyed that the examination of the issue i Department to the effect that an administrative decision to issue executive instructions for coverage of Government servants under old pension scheme who were appointed to Cent Government service on or after 01.01.2004 on the basis of advertisement/notifica vacancies issued prior to 01.01.2004 appears to be in order.

There is no decision to issue general instructions in this regard.

(d): National Pension System (NPS) was introduced for Central Government employees by Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces).

In view of the specific provisions of the Notification dated 22.12.2003, the advertisement for the vacancies is not considered relevant for determining the elig coverage under the Old Pension Scheme or the National Pension System.

## Annexure referred to in reply to Lok Sahha Question No. 589 for 20.07.2022

## Status of Implementation of judgements after dismissal SLPs / Review Petitions:

of

|   S. No. | Details of cases                                                                                                                                                                                                                          | Number of Petitioners   | Status of Implementation of CouiL order   |
|----------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------|-------------------------------------------|
|        1 | WF (C) No. 9252/2 020 titled Prakash Punia & Ors in High Court Delhi was allowed vide Order dated 15.01.2021. Au SLP (C) No. 737 3/2021 ified by UOI was dismissed on 09.07.2021.                                                         | Shabad of 46            | Implemented                               |
|        2 | WF(C) No. 1358/2017 ified by Shyam Kumar Choudhary and ors in High Court of Delhi was allowed vide dated 09.04.2019. SLP Dy. No. 31539/2019 was dismissed on 27.09.20 19 and Review Petition dismissed on 24.11.2020.                     | order 14                | implemented                               |
|        3 | WP (C) No. 6548/2020 titled Pañdit Kisanrao & Ors in High Court of DeLhi was allowed vide order 06.11.2020. An SLP (C) No. 8555/2021 ified by UOI was dismissed on 12.07.2021.                                                            | Ithape dated 81         | Implemented                               |
|        4 | wp (c)N. 11097/2019 titled Kumar in High Court of Delhi allowed vide order dated 15.01.2021. An SLP (C) No. 8985/2021 ified UOI/Deptt. againstthe order was dismissed on 19.07.2021 and Review petitionified was dismissed on 23.03.2022. | Amar 01 was by          | Implemented                               |
|        5 | WF (C) No. 1569/2021 titled Jaswinder Singh & Ors in High Court of Delhi was allowed vide order 15.02.2021. An SLP (C) No. 11749/2021 filed UOI[. against the order was dismissed on 31.08.2021.                                          | dated by 106            | Implemented                               |
|        6 | WF (C) No. 756/2020 titled                                                                                                                                                                                                                | Dr. 01                  | Implemented                               |

|    | Davinder Singh Brar Vs UOI & Ors High C ouit of Delhi was allowed order dated 28.01,2020. An SLP No. 17 3/202 1 filed by DoT was dismissed on 04.02.2021                                                       | in vide (C)   |             |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------|-------------|
|  7 | W]P (C) No. 6989/2020 filed by Vipul Pandey & Ors Vs UOI & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 06.11.2020. SLF (C) No. 11543/2021 filed by UoI was dismissed on 17.09.2021 | Sh. 58        | Implemented |
|  8 | WP (C) No. 11169/2019 titled Chander Veer Singh & Ors before Hon'ble High Court of Delhi was allowed vide order dated 16.12.20 SLP (C) No. 9950/2020 filed by Uol was dismissed on 16.04.2021.                 | the 19. 32    | Implemented |
|  9 | WP (C) No. 323/2020 titled Ashok Kumar & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 13.01.2020. SLF (C) 10681/2020 filed by Uol was dismissed on 16.04.2021                       | 10            | Impiemened  |
| 10 | WP (C) No. 337/2020 titled Vikas Kumar & Ors before the Hon'ble High Court of Dethi was allowed vide dated 13.01.2020. SLIP (C) No. 10733/2020 dismissed on 15.02.2021.                                        | order 62      | Implemented |
| 11 | WP (C) No. 5443/2 020 titled Prasiddh Narain. & Ors Vs UOI & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.         | 480           | Implemented |
| 12 | WF (C) No. 5075/2020 titled Sudesh. Kumar Singh & Ors & UOI & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.        | 744           | Implemented |
| 13 | WP (C) No. 5080/2020 titled Sujan Singh Yadav & Ors Vs IJOI & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 15.01.202 1. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.       | 231           | Implemented |

|   14 | WP (C) No. 5444/ 2020 titled Praveen Kumar & Ors Vs 1101 & 0r before the Hon.b1e High Court of Delhi allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.       | was 521        | Implemented   |
|------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|---------------|
|   15 | WP (C) No. 5445/2020 titled Kulesh Kumar Patel & Ors Vs 1101 & Ors before the Hon'ble High Court Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022. | of 495         | Implemented   |
|   16 | WF (C) No. 5447/2020 titled Valmik S & Ors Vs 1101 & Ors before the Hon'ble High Court of Delhi allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.            | Gaikwad502 was | Implemented   |
|   17 | WP (C) No. 7745/2020 titled Harbir Singh & Ors Vs UOI & Ors before Hon'ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.         | the 72         | Implemented   |
|    1 | WF (C) No. 11061/2020 titled Budhi Singh & Ors Vs UOI & Ors before Hdn'ble High Court of Delhi was allowed vide order dated 15.01.2021. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.         | the 749        | Implemented   |
|   19 | WF (C) No. 11063/2020 titled Bijendra Singh & Ors Vs UOI & Ors before the Hon'ble High Court Delhi was allowed vide order dated 15.01.202 1. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.    | of 48          | Implemented   |
|   20 | WP (C) No. 11065/2020 titled Bhupendra Singh & Ors Vs 1101 & Ors before the Hon'ble High Court Delhi was allowed vide order dated 15.01.202 1. SLP(C) No. 15312-15321/ 2021 dismissed on 03.01.2022.  | of 862         | Implemented   |
|   21 | WP (C) No. 12083/2019 titled Karamvir Singh & Ors Vs UOI & Ors before the Hon'ble High Court of Delhi was allowed vide order dated                                                                    | 146            | Implemented   |

|    | 150L2021.SLP(C. No. 16570/2021 dismissed on O3Oi.2O22                                                                                                                                                   |    |             |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----|-------------|
| 22 | WP (C) No. 10317/202OfiiedbyDilip Kumar Singh & Ors before the Hon'ble High Court of Delhi was allowed vide order dated 15.01.2021 rectified on 02.02.2021. SLP(C) No.779/2022 dismissed on 07.02.2022. | 33 | Implemented |