New Pension Rules: In a landmark judgement, the Narendra Modi-led government on January 18, 2020, decided to give pension under the old pension system to the government employees who were appointed before 01.01.2004 but they joined the job on this date. Such employees can choose the Central Civil Services Rules, 1972 over the National Pension System (NPS).
This decision was made following a meeting with the Central Government employees whose recruitment was finalised before January 1 2004, but had joined the services on or after January 1 2004.
This decision of Centre is expected to give relief several of its employees, who long-waited to get covered under the CCS (Pension) Rules, 1972 and will also substantially bring down the litigation on this subject matter.
It must be noted that the last date to exercise this option is May 31, 2020. Those who fail to exercise the option by this stipulated date would continue to be covered by the National Pension System.
Through this order, the Central Government has resolved the long-pending complaints of a large number of such employees, under which written examination, interview, and result was published before January 1, 2004.
A few illustrations where the selection was finalized before 01.01.2004 but actual joining took place on or after 01.01.2004 are as under:
- The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination etc.;
- Some of the candidates selected through a common selection process were issued offers of appointments and were also appointed before 01.01.2004 whereas the offers of appointments to other selected candidates were issued on or after 1.1.2004 due to administrative reasons/constraints including pending Court/CAT cases.
- Candidates selected before 01.01.2004 through a common competitive examination were allocated to different Departments/organization. While recruitment process was completed by some Department(s)/organizations on or before 31.12.2003 in respect of one or more candidates, the offers of appointment to the candidates allocated to the other Departments /Organization were issued on or after 01.01.2004.
- Offers of appointment to selected candidates were made before 01.01.2004 with a direction to join on or after 01.01.2004.
- Offers of appointment were issued to selected candidates before 01.01.2004, and many/most candidates joined service before 01.01.2004. However, some candidate(s) were allowed the extension of joining time and they joined service on or after 01.01.2004. However, their seniority was either unaffected or was depressed in the same batch or to a subsequent batch, the result for which subsequent batch was declared before 01.01.2004.
- The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004.
Who all are eligible:
As per the Office Memorandum (OM), it has now been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS(Pension) Rules, 1972.