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MANMOHAN, NAVIN CHAWLA
Const Thorat Vijay Vitthal – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking directions to the respondents to extend the benefit of Old Pension Scheme to the petitioners who were selected as Constable/GD in Border Security Force pursuant to recruitment held in November, 2003 by Frontier Headquarters BSF, Rajasthan, Gujarat, U.P, Punjab, Maharashtra in August, 2003 on the ground that the petitioners are identically placed as the petitioners in the case of Tanaka Ram & Ors., W.P.(C) No.6680/2017, as they were selected pursuant to the same selection process.
3. On the last date of hearing, this Court had issued notice and directed the counsel for Central Government to verify the facts averred in the present writ petition. However, no affidavit has been placed on record by the respondents.
4. This Court is of the view that the petitioners cannot be penalized for delay on the part of office of the STC, BSF in issuing appointment letters to them since it is an admitted fact that their selection process had been completed in November, 2003 and their medical examination had been conducted in December, 2003. Moreover, as some of the similarl
The main legal point established in the judgment is the principle of fairness in granting the benefit of Old Pension Scheme to individuals who are identically placed and have already been granted the....
Equal treatment under the law necessitates extending Old Pension Scheme benefits to petitioners selected in a similar recruitment process without imposing penalties for administrative delays.
Individuals selected before the introduction of a new pension scheme are entitled to benefits under the Old Pension Scheme, ensuring equal treatment under the law.
The main legal point established is that individuals cannot be deprived of the benefit of the Old Pension Scheme if their batchmates are already receiving this benefit under various judgments passed ....
Recruitment delays cannot deprive employees of benefits under the Old Pension Scheme when their appointment notifications were issued before the New Pension Scheme was implemented.
The court established that entitlement to the Old Pension Scheme applies to recruits whose selection process commenced prior to the scheme's implementation, despite completion occurring afterward.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
Delays in administrative processes should not result in discrimination against individuals entitled to benefits under pension schemes.
The court established that candidates who applied for recruitment prior to the introduction of the new pension scheme are entitled to the Old Pension Scheme, reinforcing equality principles.
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