Press Information Bureau
Government of India
Ministry of Law and Justice
24 MAR 2022 4:36PM by PIB Delhi
Opinion Sought On NPS

The Department of Pension and Pensioners’ Welfare (DoP&PW) after 24.11.2021 made a reference dated 14.12.2021, 20.01.2022, 02.02.2022 and 15.02.2022 to the Department of Legal Affairs inter alia seeking advice on the representations received from employees for their inclusion under Old Pension Scheme (OPS) on the basis of the date of advertisement being on or before 31.12.2003 of the posts against which they were appointed and whether it would be legally feasible for the Department of Pension and Pensioners’ Welfare to issue executive instructions in this regard.

The Department of Legal Affairs had advised the DoP&PW on 24.11.2021 to abide by the directions issued by any competent judicial forum or exhaust legal remedies available before a higher judicial forum, as the case may be.

On the issue of executive instructionsto provide coverage of government servants under OPSin respect of those who were appointed on the basis of the advertisement/notification for vacancies issued before 01.01.2004 instead of their being covered under National Pension System (NPS), this Department requested the DoP&PW on 23.02.2022 being the nodal Department, to obtain the comments of the Ministry of Finance in the first place to enable the Department of Legal Affairs to examine and consider the matter.

This information was given by Shri Kiren Rijiju Union Minister, Minister of Law and Justice, in Rajya Sabha today.