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2019 DIGILAW 72 (MEG)

Davis Nestell Rangsa Marak v. Union of India

2019-03-15

H.S.THANGKHIEW

body2019
JUDGMENT : 1. Heard Mr. K.Ch. Gautam, learned counsel for the petitioner. Mr. R. Debnath, learned CGC for the respondent No. 11 and Ms. I. Lyngwa, learned GA for the respondent No. 5 to 10. 2. The writ petitioner herein preferred the instant writ petition with a prayer as to why he should not be entitled to the Old Pension Scheme as per the relevant rules, that is the Central Civil Services (Pension) Rules, 1972. 3. Learned counsel for the respondents No. 5 to 10 submits that they have filed their affidavits, wherein they have clarified the position and stated therein that the non-placement of the petitioner in the old pension scheme had been due to inadvertence and a bonafide mistake. 4. Para 4 of the affidavit which contain these averments is reproduced herein below: "4. That with regard to the averments made at paragraphs 14 of the writ petition, the answering respondents state that the then Director of Accounts and Treasuries inadvertently and through bonafide mistake informed the petitioner that he is governed by the New Pension Scheme. However, in light of the clarification given by the Ministry of Personnel, Public Grievances & Pensions, Department of Pensions & Pensioners Welfare vide Office Memorandum No. 28/30/2004- P&PW (B), dated 26th July, 2005, all employees who entered into Central Government service or in the service of an Autonomous Body set up by the Central Government on or before 31- 12-2003 and who were governed by Old Pension Scheme under the Central Civil Services (Pension) Rules, 1972, will continue to be governed by the same pension scheme and same rules, for the purpose of counting of their past service under the said rules, if such employees submit technical resignation on or after 1-1-2004, to take up new appointment in another Ministry or Department of the Government of India or an Autonomous Body set up by the Central Government, in which the pension scheme under Central Civil Services (Pension) Rules, 1972 already exists for the employees who entered into service on or before 31-12-2003. In light of this, the answering respondents state that the petitioner is governed by the Old Pension Scheme as he submitted technical resignation after 1-1-2004, to take up new appointment in another Ministry or Department of the Government of India or an Autonomous Body set up by the Central Government, in which the pension scheme under Central Civil Services (Pension) Rules, 1972 already exists for the employees who entered into service on or before 31-12-2003." 5. In view, of the categorical averments made in the affidavit. The prayer of the petitioner stands answered. 6. As such, in view of the above the writ petition stands closed and disposed of. 7. No order as to costs.