S. Muralidhar, J.

151 Constables of the Border Security Force (BSF) [(53 in W.P. (C) 6680 of 2017 and 98 in W.P. (C) 10189 of 2017] have come together to file the present petitions seeking a writ of mandamus to the Respondents to extend to them the benefit of the Old Pension Scheme in accordance with the CCS (Pension) Rules, 1972.

2. The background facts are that the Petitioners applied for recruitment in the BSF pursuant to an advertisement issued by the Office of the DIG and Commandant, Training Centre and School, BSF, Hazaribagh in August, 2003 as well as Frontier Headquarters BSF, Rajasthan and Gujarat in November, 2003. The advertisement stated that the selection would be made state-wise. It was to be based on Physical Efficiency Test ("PET") followed by a written test and personal interview and further subject to medical examination as per the BSF standards.

3. A notification was issued on 4th August, 2003 by the Ministry of Home Affairs ("MHA") with the direction to the Director General, BSF (Respondent No.2) to complete the entire process by 31st October, 2003 so that the selected candidates could be dispatched to their respective training centres before 15th December, 2003 for their basic recruitment training to start from 1st January, 2004.

4. As far as the present Petitioners were concerned, although they cleared the written test and the medical examination in November, 2003 itself they were issued call letters for joining only in February, 2004. The joining date issued to them was 20th February 2004.

5. A similar recruitment process was carried out in Hoshiarpur, Punjab for candidates in Punjab and Haryana where again the medical examination of candidates was completed on 7th November, 2003. However in their cases the appointment orders were issued on 17th December, 2003 itself directing them to report at the STC, BSF, Hoshiarpur on 30th December, 2003.

6. A new Contributory Pension Scheme was introduced on 22nd December, 2003 and was to be implemented with effect from January, 2004. This was monetarily less beneficial than the Old Pension Scheme. Those who had been offered letters of appointment on 17th December, 2003 were covered by the Old Pension Scheme whereas those candidates like the Petitioners whose letters of offers of appointment were issued only in February, 2004 were deprived of the benefit of the Old Pension Scheme.

7. A batch of the Petitioners who were selected pursuant to a Sub-Inspector (DE), Central Police Organisation ("CPO") Examination 2002 and were also deprived of the benefit of the Old Pension Scheme on account of the delay on the part of the Respondents in issuing the appointment orders. They filed WP (C) No. 3834/2013 (Parmanand Yadav v. Union of India) in this Court. By a judgment dated 12th February, 2015 this Court allowed the said writ petition. The Court in doing so followed its earlier order dated 26th May, 2011 in WP (C) No.5400/2010 (Avinash Singh v. Union of India) which was followed in the decision dated 2nd November, 2012 in WP (C) No.3827/2012 (Naveen Kumar Jha v. Union of India).

8. The Directorate General (BSF) issued an order dated 13th January, 2016 accepted the decision of this Court in Parmanand Yadav (supra). It was mentioned in the said order inter-alia as under:

"9. Whereas, the opinion of the Govt. Counsel was invited aiid according to opinion of the Govt. Counsel on the judgment dated February 12, 2015 passed by the Hon'ble High Court of Delhi in the said Writ Petition No. 3834 of 2013 titled as Parma Nand Yadav and others Vs. Union of India and Ors warrants no interference.

10. Whereas, in order to implement the order dated 12.02.2015 passed by Hon'ble High Court of Delhi, the whole issue has been examined in detail and after inter-Ministerial consultation, it has been decided to implement aforesaid order of Hon'ble High Court of Delhi to extend the benefits of Old Pension Scheme to petitioners and other similarly situated SI/DE selected through CPOs Exam-2002 a