ORDER ON INTERIM RELIEF

Date of Decision: .11.4.2018

Heard the learned counsel for the applicants as well as the respondents. We are considering in this order, the issue of granting interim relief to the applicants in the form of provisional pension to be disbursed to them with immediate effect.
The controversy in the case had arisen on the question whether the Old Pension Scheme under CCS (Pension) Rules, 1972 or the New Pension Scheme is to be adopted in the case of these applicants who had originally been casual workers before their regularization under the respondents. Now with the orders brought out by the Union Territory of Lakshadweep on 28.3.2016 which is available at Annexure A9 in OA 1058/2017, which itself have been issued in compliance with the orders of this Tribunal in OA 949/2010 and the orders of the Hon'ble High Court in OP(CAT) No.31/2014, the issue has been laid to rest. It has been decided that these workers, 50% of whose service rendered under the temporary status is to be counted for retirement benefits. are all to be treated under the Old Pension Scheme for retirement benefits.

Respondent No.2 and No.6, authorities under the Lakshadweep Administration did not act in accordance with the direction that was issued as per Annexure A9 order issued by the Administration itself. The ostensible reason was that there was ambiguity regarding the contribution already made by the applicants when they were initially enrolled under the New Pension Scheme (NPS). They contend that some applicants who had been rolled under the New Scheme had also withdrawn the amounts that had been deposited. Respondent No.6 claimed that they have no correct figures regarding these funds deposited under the New Scheme as these had already been placed with NSDL, who on their part would have deposited the sum with different designated entities. As NSDL are not parties in this litigation, Respondent No.6 pointed out their inability in arriving at the correct sum to be refunded to the applicants, in consequence to the decision of the Hon'ble High Court as well as that of this Bench. The newly impleaded Pay and Accounts Officer under the Government of India (Respondent No.3) was represented by Shri C.B. Prasad, Senior Accounts officer. He expressed his readiness to immediately disburse regular pension, once due intimation regarding fixation is received from Respondent No.6. In the course of hearing, Respondent No.6 submitted a letter indicating the amounts contributed by each of the retired applicants as well as the amounts withdrawn by them. Learned counsel for the applicants, Shri N. Unnikrishnan, disputed these details stating that they were incorrect as details such as interest on the contribution which had been retained by the Government until that moment had not been calculated.

Learned counsel for the applicants Shri N.Unnikrishnan pointed out that due to the confusion prevailing in official circles, the retirees are put to great distress as they have not even been allowed provisional pension and this unending controversy does not offer any result in near future due to the apathy of the official respondents. Dr. M.K. Mohammed Koya, Pay and Accounts Officer, Lakshadweep Administration who appeared before us today was also quizzed on the issue involved.

It is clear that this matter has to be further adjudicated in detail. We feel that it is necessary to implead the National Securities Depository Limited (NSDL for short) as a respondent in these cases. Applicants will take steps to implead the organization immediately. In the meanwhile we feel that there is justification to disburse provisional pension to the applicants as the retirees are put to great difficulty on this count. We direct that the provisional pension that is legally due to the applicants to be disbursed forthwith and in any case within a month of receipt of a copy of this order. We direct so. Respondents 2 & 6 will ensure that this is done without fail.

OA is posted for further hearing on 12.06.2018.