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RAJIV SAHAI ENDLAW, AMIT BANSAL
Om Prakash Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Amit Bansal, J. - Cm No.21251/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 6737/2021
3. The present petition has been filed by 19 petitioners working as Inspectors / Sub Inspectors with the respondents Central Reserve Police Force (CRPF). It has been pleaded by the petitioners that (i) they are working with the respondents as Inspectors/ Sub Inspectors and earlier the date of superannuation for the petitioners was 57 years; (ii) it was held in the judgment dated 31st January, 2019 by Division Bench of this Court in W.P.(C) No.1951/2012 titled Dev Sharma Vs. Indo Tibetan Border Police, that there will be a uniform age of superannuation in all Central and Allied Police Forces (CAPFs) of 60 years irrespective of rank; (iii) the SLP against the said judgment was dismissed by the Supreme Court on 10th May, 2019 and the review petition was also dismissed on 16th July, 2019 by the Supreme Court; (iv) with effect from 31st January, 2019, the superannuation age in respect of all personnel including the petitioners stood enhanced from 57 years to 60 years; (iv) all the petitioners superannuated between 3
The principle of 'no work, no pay' and the importance of challenging decisions that affect one's rights were central to the court's decision.
The principle of 'no work, no pay' applies, denying pay to petitioners for the period between superannuation and re-joining as they did not challenge their superannuation.
The court ruled that pension benefits related to age of superannuation can be applied only to those below the age limit established in prior case law, reinforcing the validity of previous judicial de....
Eligibility for retirement benefits hinges on age criteria established by precedent; those exceeding the age limit before a specified date are disqualified.
Uniform retirement age for all members of the CAPFs and entitlement to retirement benefits based on the differential period.
The court's decision emphasized the importance of the Ministry of Home Affairs making a decision on the regularization issue without being influenced by any observation made by the court.
The benefit of increased retirement age in accordance with a judgment is available only to those who had not crossed a certain age as specified in the judgment, and the benefit may be extended to all....
Benefits of enhanced retirement age apply only to personnel who retired prior to the set date and were below the age limit at that time, affirming equality under the law.
The court held that Fundamental Rule-54 does not apply to a superannuated employee, directing the Ministry to determine pay eligibility for the intervening period.
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