The day of appointment and joining is relevant here. If you were appointed before the OM regarding the NPS cam into force, you are eligible for the OPS.
NPS to old pension
I have been appointed on compassionate ground under ministry of labour, govt of India, after my father's death on 21.11.1995. My mother applied for my job on 1996,1997 1998 and onwards. Correspondence started from head office,delhi from 2001, then i have been asked to submit necessary documents for my appointment. I have submitted all necessary documents as per requirement by office time to time. At last i got offer of appointment on 25.03.2004. I joined 27.12.2004. So for compassionate appointment my procedure started from office 2001 and end after joining 27.12.2004. So i want to know am i eligible for old pension scheme as per order. O.M.17.02.2020 for a compassionate appointee and if yes how??
Asked 4 years ago in Labour
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It is very urgent for me
Asked 4 years ago
Dear Sir,
1. under the O.M. 17.02.2020; it is for benefits under central civil services pension rules. you will be eligible under that scheme if your appointment order was finalized on or before 1.01.2004.
2. if the appointment was through a common selection process and due to administrative delay you received it after 1.01.2004, then you will be eligible.
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The memo dated 17/02/2020 in categorical terms states that, after introduction of NPS vide Notification No. 5/7/2003-ECB & PR dated 22.12.2003 all government servants appointed on or after 01.01.2004 are mandatory covered under NPS. As your appointment is way after 01.01.2004 you are not eligible for old pension scheme.
consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003.
2) you are not eligible for old pension scheme
Query has been replied to
Reference your service regulation which alone can guide whether you are eligible or not.
Those Central Govt. employees whose selection was finalised before 01.01.2004 but joined after 01.01.2004 are being given a one-time option to be covered under the CCS(Pension) Rules, 1972.
There is going to be a one time option for the central government employees to get coverage of CCS Pension Rules 1972, in place of the National Pension System (NPS). This will be applicable for those employees who were selected before 01.01.2004 but joined after 01.01.2004
The OM makes it clear that subject to conditions, the one time option would be available to only those Government employees who were declared successful for recruitment before 01.01.2004, against vacancies pertaining to the period prior to that date.
Accordingly, such Government employees who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and are covered under the National Pension System on joining service on or after 01.01.2004, are being given a one-time option to be covered under the CCS(Pension) Rules, 1972.
Thus, since your appointment order was reportedly issued on 25.03.2004, perhaps you may not be eligible to exercise your option for old pension scheme.
After the introduction of National Pension System (NPS), all Government employees appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under NPS. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended and were not applicable to the Government employees appointed to Government service after 31.12.2003.
However, the government had received representations from the Government employees appointed on or after 1.1.2004 requesting for the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 on the ground that their appointment was delayed on account of administrative reasons or lapses.
As per the 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.
This option may be exercised by the concerned Government employees latest by 31.05.2020. All those who do not exercise this one time option by May 31, 2020, shall continue to be covered by the National Pension System.
- As per amendment in Central Civil Services (Pension) Rules, 1972 , the Government servants appointed to Government service after 31.12.2003 are not entitled for old pension scheme, earlier it was 01.01.2004.
- Since, you joined in 2004 ,hence you are not entitled for the same.
Yes you are eligible for the same as per the notification
1. O.M dt.17.2.2020 would apply to those Central Govt employees whose appointment was finalised before 1.1.2004 against vacancies occuring before 1.1.2004 but who joined after 1.1.2004.
2. It is not clear whether you had sought extension of time to join. If yes, you are not eligible to be covered under CCS (Pension) Rules, 1972.
3. If you had not sought extension of joining time then you are covered under the CCS (Pension) Rules, 1972,
Dear Sir,
Such issues will be decided by the High Court or Service Tribunal. Try for it instead making rounds to the Head Office.
