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MANMOHAN, ASHA MENON
Satya Narayan & Ors – Appellant
Versus
Union Of India & Ors – Respondent
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 responden
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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