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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →The Calcutta High Court has ordered the government to reconsider a Central Government employee’s request for Old Pension Scheme coverage, without rejecting it on the ground that he did not submit a “technical resignation” when he changed posts. The court did not grant him pension coverage outright: the authority must still decide whether he meets the conditions in the Government of India’s 3 March 2023 one-time option.
What the Calcutta High Court ordered
In Shri Erotu Kurma Rao v. Union of India, WP.CT/4/2026, delivered on 7 September 2026, the Calcutta High Court set aside the orders that had rejected Kurma Rao’s Old Pension Scheme (OPS) claim. It directed the competent authority to reconsider his request under the Government of India’s Office Memorandum dated 3 March 2023, and not to rely on the absence of a technical resignation as a reason to reject it.
The authority must issue and communicate a reasoned decision at the earliest, and no later than six weeks after the judgment is communicated to it. If Kurma Rao is otherwise eligible under the memorandum, the authority must take the consequential steps for his claim. The order is for a fresh eligibility decision, not an award of OPS membership by the court.
How the employee moved between posts
The case turned on two separate recruitment processes and what the employee disclosed when he moved between them:
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- A peon vacancy was advertised in 2002. Kurma Rao joined the post in September 2006.
- He had also applied for a lower-grade-clerk post in 2005. After he was selected in March 2007, he resigned from the peon post, stating in his resignation that he had been selected for the clerk position and intended to join it.
- He was relieved on 23 March 2007 and joined the clerk post on 27 March 2007. The clerk appointment stated that he would be covered by the New Pension Scheme (NPS).
After the government issued its March 2023 one-time option, Kurma Rao applied for OPS coverage in August 2023. The authority rejected his request because he had left the peon role without applying for “technical resignation.” The Central Administrative Tribunal upheld that rejection. The High Court then set aside both decisions and required reconsideration.
Why the court rejected that reason for refusing reconsideration
The court found no evidence that Kurma Rao had been told, when he joined as a peon, to disclose every other pending job application. Nor did it find such a requirement in his appointment order. When he later resigned, he stated that he had been selected for the clerk post and intended to join it; the resignation was accepted without the authority raising a disclosure objection at that time.
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The bench also considered that the 2016 memorandum on technical resignation appeared to operate prospectively, rather than as a rule to apply mechanically to events in 2006 and 2007. It viewed the March 2023 option as a welfare measure and said a narrow, technical approach should not defeat its purpose. That reasoning is specific to this record: it does not mean that technical resignation is irrelevant in every service matter or that every employee who changes posts qualifies for OPS.
Who the March 2023 one-time option covers
As described in the judgment, the option was for eligible Central Government civil employees who were appointed against a post or vacancy advertised or notified before 22 December 2003, but joined service on or after 1 January 2004 under NPS. The memorandum set 31 March 2023 as the deadline to exercise the option. The Calcutta High Court did not extend that deadline or alter the categories in the memorandum.
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For Kurma Rao, the peon vacancy was advertised in 2002, before the reference date in the option framework. That fact was relevant to his claim, but it does not by itself establish that he satisfies every condition. The authority must assess his eligibility under the memorandum on reconsideration.
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The judgment may be relevant to an employee whose earlier recruitment and later job change raise a technical-resignation dispute. It does not replace an individual eligibility assessment. The relevant facts and records include:
- Vacancy date: when the post or vacancy was advertised or notified, and whether that was before 22 December 2003.
- Joining date and pension coverage: when the employee entered service and which pension scheme applied on joining.
- Option timing: whether and when the employee exercised the one-time option under the March 2023 memorandum.
- Contemporaneous records: the earlier application, appointment order, resignation letter, relieving order and any written notice of disclosure requirements.
These details help explain why the court ordered a fresh decision in this case; they do not guarantee the same result for another employee.
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