The Government has the discretion to apply pension schemes based on joining dates, and delays in joining due to medical examination and police verification do not entitle individuals to claim parity with those joining earlier.

1. Pursuant to an advertisement issued by the District Judge-I and Sessions Judge, Delhi, the petitioners applied for appointment to the post of Lower Division Clerk (LDC) in the District and Sessions Court, Delhi. The petitioners were issued offers of appointment dated 15.09.2003, 15.11.2003 and 12.12.2003 respectively. On their accepting the offers vide letters dated 01.10.2003, 04.12.2003 and 22.12.2003 respectively, they were medically examined on 31.10.2003, 10.12.2003 and 02.01.2004 respectively. Verification report with respect to character was received by 09.02.2004 in respect of petitioner No. 1, on 02.01.2004 in respect of petitioner No. 2 and on 29.01.2004 in respect of petitioner No. 3. The petitioners joined service on 20.02.2004, 16.02.2004 and 11.02.2004 respectively. Some of the candidates, who were issued appointment letters on the same dates on which such letters were issued to the petitioners, joined on or before 31.12.2003 because their medical examination had been conducted and verification report of their character and antecedents had been received by that time. It is alleged that these candidates were junior to petitioner No. 1 while one Amit Badoni is junior to petitioner No. 2, as per the list prepared by the respondents, which is based on the rank of the candidates in the merit list.

2. Government of India promulgated a new pension scheme which was applied to those who entered the Government service on or after 01.01.2004. That scheme was also adopted by Government of NCT of Delhi vide order dated 19.07.2006. As a result of implementation of the said scheme, those who joined Government service on or before 31.12.2003, are governed by CCS (Pension) Rules, 1972, whereas those who entered the Government service on or after 01.01.2004 are governed by the new pension scheme introduced by the Government. The petitioners submitted a representation seeking applicability of CCS (Pension) Rules, 1972 to them, on the ground that they were offered appointment in the year 2003, though on account of unavoidable delays not attributable to them, they could not join on or before 31.12.2003. Their representation having been rejected, the petitioners are before this Court by way of this writ petition.

3. The main contention of the petitioners is that the offer of appointment having been made to them prior to 01.01.2004 and their inability to join the post by 31.12.2003 not being attributable to any lapse on their part, the benefit of CCS(Pension) Rules, cannot be denied to them, particularly, when this was extended to those who were selected simultaneously with them but were able to join on or before 31.12.2003, on account of their medical examination and police verification having been completed by that date. In our view, the contention is devoid of any merit. The Government was well within its right in discontinuing the applicability of CCS (Pension) Rules, 1972 and applying a new pension scheme to those who were to join the service after promulgation of the new pension scheme. It was for the Government to decide, in its wisdom, as to whether it wanted to apply the new pension scheme to those who had entered service on or after 01.01.2004 or to those who were offered appointment on or after 01.01.2004. The Government having decided to discontinue the applicability of CCS (Pension) Rules and to extend the new pension scheme to all those who were to join service on or after 01.01.2004, irrespective of the date on which offer of appointment was made to them, the petitioners do not have any legal right to claim applicability of CCS(Pension) Rules, 1972 to them. It is not as if the new pension scheme has been introduced after the petitioners had joined service of the Government. The petitioners were not in the service of the Government prior to 01.01.2004 and, therefore, they had no right to the posts of LDC in District Sessions Court, when the new scheme was promulgated by the Government. Thus, this is not a ca