Excelsior Correspondent
SRINAGAR, Apr 1: The Central Administrative Tribunal (CAT) Srinagar in a major relief to the hundreds of constables in J&K Police Department has directed the Government to bring them within the ambit of Old Pension Scheme.
A total of 329 constables have approached the CAT seeking benefits of their appointment from the year 2009 prior to the issuance of SRO 420 which is governed with New Pension Scheme (NPS)
Senior Counsel Jehangir Ganai on behalf of the aggrieved constables submitted before the Division Bench of D S Mahra and Prasant Kumar that the authorities have wrongfully applied SRO in question to their services as they were appointed prior to the SRO and its promulgation.
He contended that their service conditions should be governed by the rules in effect before the issuance of SRO 420 of 2009, as they were appointed prior to its promulgation.
It was prayed that their services are not governed by SRO 420 , in the matter of pension, their services are governed by the Pension Rules as applicable and in vogue prior to the issuance of such SRO.
The CAT allowed their plea and directed the authorities to give effect to their appointment from 2009. “Declare that the services of the applicants are not governed by the provisions of SRO 420, and instead, their services are governed by the Pension Rules that were in effect prior to the issuance of SRO 420, as they were appointed before the said SRO came into force”, the CAT directed.
The authorities have been further directed to extend all consequential benefits to them including arrears, seniority, and pensionary entitlements. These benefits, CAT directed must be provided within a period of two months from the date of receipt of the certified copy of this order. “the respondents are further directed to issue a speaking and reasoned order to justify the granting of such benefits”, read the order.
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