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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Satya Narayan & Ors - Appellant
Versus
Union Of India & Ors - Respondent
W.P.(C) No. 10472 of 2020
Decided On : 15-03-2021
Old Pension Scheme - Extension to Border Security Force Constables - The court directed the respondents to extend the benefit of the Old Pension Scheme to the petitioners who were selected as Const./GD in Border Security Force, as they were identically placed as the petitioners in previous cases and could not be deprived of the benefit of the Old Pension Scheme.
Fact of the Case:
The writ petition sought a direction to extend the benefit of the Old Pension Scheme to the petitioners who were selected as Const./GD in Border Security Force.
Finding of the Court:
The court found that the petitioners could not be deprived of the benefit of the Old Pension Scheme, especially when their batchmates were already receiving this benefit under various judgments passed by the Court.
Issues: The issue was whether the petitioners should be extended the benefit of the Old Pension Scheme, given that their batchmates were already receiving this benefit.
Ratio Decidendi: The court held that since the advertisement/notification was issued prior to the introduction of the new Contributory Pension Scheme, the petitioners could not be deprived of the benefit of the Old Pension Scheme.
Final Decision: The petition was allowed, and the respondent was directed to extend the benefit of the Old Pension Scheme to the petitioners and pass consequential orders within eight weeks.
JUDGMENT
Manmohan, J. - Cm APPL. 33125/2020 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P. (C) 10472/2020
1. Present writ petition has been filed seeking a direction to the respondents to extend the benefit of Old Pension Scheme to the petitioners who were selected as Const./GD in Border Security Force pursuant to Recruitment held in November, 2003 by Frontier Headquarters BSF, Rajasthan and Gujarat in August, 2003 as the petitioners are identically placed as the petitioners in the case of Tanaka Ram & Ors. vs. Union of India & Ors., W.P.(C) No.6680/2017 having been selected pursuant to the same selection process.
2. Learned counsel for petitioners states that batchmates of most of the petitioners have been given benefit of Old Pension Scheme under various judgments passed by this Court in Patil Gopal Babulal & Ors. vs. Union of India & Ors., W.P.(C) 11646/2018, Tanaka Ram & Ors. vs. Union of India & Ors., (2019) 174 DRJ 146 (DB); Shyam Kumar Choudhary & Ors. vs. Union of India being W.P.(C) No.1358 of 2017 and Niraj Kumar Singh & Ors. vs. Union of India & Ors., W.P.(C) No.13129/2019.
3. Learned counsel for the respondents prays for further time to file a counter-affidavit and verify the facts. However, since the batch of petitions on the same issue has already been disposed of, the prayer for time to file a counter-affidavit is declined.
4. Having regard to the fact that the present case also the advertisement/notification was issued in August, 2003 i.e. prior to introduction of the new Contributory Pension Scheme dated 22nd December, 2003 which came into force w.e.f. 01st January, 2004, this Court is of the view the petitioner cannot be deprived of the benefit of the Old Pension Scheme.
5. This is more so when the batchmates of the petitioners are getting this benefit under various judgments passed by this Court.
6. For the above reason, the petition is allowed and respondent is directed to extend the benefit of Old Pension Scheme to the petitioners and pass consequential orders within eight weeks from today.
7. Accordingly, present petition is disposed of.
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 ....
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 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.
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 candidates who applied for recruitment prior to the introduction of the new pension scheme are entitled to the Old Pension Scheme, reinforcing equality principles.
The interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
The court's decision was based on the fact that the issue had already been decided by the Central Government and the court in a previous case.
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