Neutral Citation No. - 2025:AHC:110226-DB Chief Justice's Court Case :- WRIT - A No. - 4383 of 2025 Petitioner :- Sanjeev Chauhan Respondent :- Central Administrative Tribunal Allahabad and 4 others Counsel for Petitioner :- V.K. Ojha for Ashish Kumar Srivastava Counsel for Respondent :- Shashi Prakash Singh (A.S.G.I.) with Dinesh Varun Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition is directed against order dated 12.02.2025, passed in Original Application ('OA') No. 734 of 2023, passed by Central Administrative Tribunal, Allahabad Bench, Allahabad, whereby the OA filed by the petitioner seeking benefit of Old Pension Scheme has been rejected. 2. The OA was filed with the submissions that the Government has issued Office Memorandum dated 03.03.2023 providing for coverage under the Central Civil Services (Pension) Rules, 1972 in place of National Pension Scheme for those Central Government employees, who were recruited against the posts/vacancies advertised/notified for recruitment on or before 22.12.2003. 3. Submissions have been made that though the petitioner was accorded compassionate appointment by order dated 04.05.2007 as his father had died on 15.02.2003, he was entitled for the benefit of the said circular. 4. The Tribunal, after hearing the parties, came to the conclusion that the Office Memorandum had no application to the case of the petitioner as the same was confined to recruitment against posts/vacancies advertised/notified for recruitment and as the petitioner was accorded compassionate appointment, the same cannot be termed as appointment against vacancy advertised and consequently, dismissed the petition. 5. Counsel for the petitioner reiterated the submissions, based on the date of death of petitioner's father. 6. The plea sought to be raised has no substance. On the date of death of the employee, neither it can be said that the vacancy arose on the said date nor it can be treated as a date on which, the vacancy was advertised/notified for recruitment so as to apply the notification dated 03.03.2023. 7. In view of the above discussion, we do not find any reason to interfere with the order passed by the Tribunal. The petition has no substance, the same is, therefore, dismissed. Order Date :- 10.7.2025 Mukesh Pal/Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad