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MANMOHAN, ASHA MENON
Naresh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging orders dated 18th December, 2019 & order dated 05th February, 2020 whereby the respondents have denied the benefits of enhanced age of superannuation to the petitioners.
2. Petitioners also seek a direction to the respondent nos. 2 to 4 to give similar relief to the petitioners which this Court has given in W.P.(C) No.13195/2019 titled "Bharat Singh & Ors. Vs. Union of India and Ors." vide order dated 19th December, 2019.
3. Learned counsel for the petitioners states that the issue raised in present writ and the relief sought by the petitioners herein is squarely covered by the judgment dated 19th December, 2019 as passed by this Court in Bharat Singh & Ors. (supra).
4. He emphasizes that the petitioners herein had not crossed the age of 60 years as on 31st January, 2019 i.e. the date of judgment in W.P. (C) No.1951/2012 titled "Dev Sharma vs. Union of India and Ors.".
5. Issue notice.
6. Mr.Vikrant N.Goyal, Advocate accepts notice on behalf of the respondents.
7. Having heard learned counsel for the parties, this Court finds that the learned predecessor Division Bench of this Court in Dev Sharma (s
Uniform retirement age for all members of the CAPFs and entitlement to retirement benefits based on the differential period.
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.
Eligibility for retirement benefits hinges on age criteria established by precedent; those exceeding the age limit before a specified date are disqualified.
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....
The entitlement to the benefit of a judgment is limited by subsequent clarifications and specific criteria, and a writ petition cannot be used to challenge previous judgments on grounds of being arbi....
Judgment benefits for extending retirement age apply only to those who had not exceeded age 60 at the time of the ruling; exceeding this age prior to the ruling disqualifies claim to benefits.
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.
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