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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sukhbir & Ors. – Appellants
Versus
Union of India. – Respondent
W.P.(C) 1406 of 2023 & CM APPL. 5243 of 2023
Decided On : 03-02-2023
Pension Scheme - Eligibility for Old Pension Scheme - Interpretation of Recruitment Date
Fact of the Case:
Petitioners sought inclusion in Old Pension Scheme based on their recruitment before the implementation of the New Pension Scheme.
Finding of the Court:
The Court disposed of the petition based on a previous judgment that had already decided the issue of eligibility for the Old Pension Scheme in similar cases.
Issues: Eligibility for Old Pension Scheme based on recruitment date
Ratio Decidendi: The Court relied on a previous judgment to dispose of the present petition, indicating that the issue had already been decided.
Final Decision: The petition and pending application were disposed of based on the previous judgment.
JUDGMENT (Oral)
1. Vide the present petition, petitioners are seeking directions to the respondents to include the petitioners herein in Old Pension Scheme and grant benefits according to the Old Pension Scheme; quashing of OM dated 17.02.2020 issued by the respondent whereby stating that only those candidates whose results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003 shall be eligible for coverage under the old pension scheme.
2. Learned counsel for petitioners submit that petitioners applied for and were appointed as personnel in CRPF on the basis of an advertisement for the post of Constable/GD in CRPF issued in September, 2003 i.e. much before the actual implementation of the New Pension Scheme. Hence, petitioners are eligible for Old Pension Scheme.
3. The issue(s) raised in the present petition has already been decided by this Court vide judgment dated 11.01.2023 passed in W.P.(C) 12712/2021 titled as Pawan Kumar and Ors vs. Union of India & Ors. and connected petitions.
4. In view of above, the present petition and pending application are disposed of.
The interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
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.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
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 ....
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.
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 main legal point established is that personnel who applied prior to the implementation of a new pension scheme should be entitled to the benefits of the old pension scheme.
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....
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