• Whether I will be covered under old pension scheme in view of vacancy arose before 1.1.2004?

Sir /,I am seeking a legal opinion to know whether my pension will be covered old pension scheme under CCS (Pension) Rules, 1972 notionally. I am currently working as Associate Professor at JIPMER Pondicherry. The post of lecturer fell vacant because one of the faculty, Dr. S. Ramasamy had relived from the service on 14.11.2003 during JIPMER was under the administrative control of DGHS, Ministry of Health and Family Welfare (MoHFW). At the time of relieving from the service, he was covered under old pension scheme envisaged under CCS (Pension) Rules, 1972. In order to fill the vacancy that arose on 15.11.2003, JIPMER requested the Ministry of Health (MoHFW) to fill the vacant post. Accordingly, the vacancy of the post was advertised as Lecturer in Pharmacology by UPSC after a gap of almost 2 years, i.e., on 15.07.2005 (file no 2005/15/07 F.1/290/2004 R.I).After I had applied for the post of lecturer on 2005, I was called to appear for the interview for nearly a gap of 2 years for the above post (Annex-3). I was selected for the post of lecturer in pharmacology, and the same was intimated to me by the UPSC on 12.3.2007. Subsequently, I was given the offer of appointment as a lecturer in Pharmacology by MoHFW on 31.8.2007 and covered by contributory pension under the New Pension scheme, 2004.
From the above, it was very evident that JIPMER and MoHFW had taken 4 years to fill the vacant post arised on 15.07.2003. The reason for such undue delay is purely administrative nature since JIPMER is dependent on DGHS, MoHFW to fill the vacant post, which had taken many years to fill the vacant post. However, JIPMER became an autonomous institution of national importance (INI) under an act of parliament which gave power to JIPMER to fill the post without dependent on MoHFW. After 2008, JIPMER started filling any vacant posts rapidly within a few months. In my case, If the post of lecturer filled in time on 2003, I would have been covered under OPS.
In this regard, I wish to cite the Hon’ble CAT, Ernakulam bench, which passed the judgment dated [deleted] with reference to O.A 180/00020/2015, has mentioned that the petitioner should be covered old pension scheme based on the vacancy that arose before 2004 although the petitioner has joined the service after 2004. However, the Central Government has taken a stay in kerala High court to CAT order and the case is pending and judgemtent yet to be pronounced to the best of my knowledge (Need to be verified). However, several court judgements are citing the above CAT judgement and pass the order in favour of the petitioner. But some courts reject the petitioners' request on the basis of vacancy arose before 2003. Since I am approaching late to the court, will the judge call me “Fence sitters” and reject my case. I have submitted an representation to my insitiution one month before but no reply so far. Please give your opinion on my chance get direction from the court to cover my pension under the OPS. THANKS