We were appointed by Government of India in Civil Aviation Department and aviation wing of CPWD to upkeep operation, maintenance and development of the Indian airports. In the meantime Government has decided to hive- off the airport operation, maintenance and development from DGCA and independent authority was created for over all development of domestic airports and Modernisation of CNS/ATM enabling seamless growth in the Indian aviation sector. National Airports Authority (NAA) was constituted on 01-06-1986 under section (3) of NAA Acts which was passed by Indian Parliament.
Approximately 8400 employees of CAD working under DGCA came on mandatory deputation to NAA under section 13(3) of NAA Act, 1985. To encourage absorption of Government employees in various Central Public Sector Undertaking (CPSU), Ministry of Personnel Public Grievances and Pension headed by Prime Minister of India issued the office memorandum (OM) on 05-07-1989 . Clause 1( a) of OM provides for retention of GPF cum pension scheme on absorption in CPSU and clause 1 (b)provides applicability of Pension Rules in vogue at the time of retirement of absorbees from CPSU.
We were employees of Civil Aviation Department (CAD) and aviation wing of CPWD approximately 2500, who have been denied the Government pensions under the pretext that employees having less than 10 Years of service on the date of absorption in National Airports Authority (NAA) are not eligible to retain the Central Government pension scheme.
As per Central Government Pension Scheme rule 11A of CCS Pension Rules 1972 provides that “A permanent Government servant absorbed in a public sector undertaking / autonomous body subsequent to his absorptions there in shall be eligible to seek voluntary retirement after completing 10 years of qualifying service with the Government and the autonomous body / public sector undertaking taken together , and he/she shall be eligible for pro-rata pensionary benefits on the basis of combined qualifying services” . Similarly full pension is admissible under sub-rule 8 of Rule 37 A of CCS Pension Rules to those absorbees who completed combined services of 20 Years and beyond.
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