Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Lokesh Kumar Arya – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 6360 of 2021
Decided On : 23-03-2023
Writ of Mandamus - Pension Scheme - The court directed the respondents to extend the benefit of the old pension scheme to the petitioner in accordance with relevant rules and previous judgments.
Fact of the Case:
The petitioner sought a Writ of Mandamus to extend the benefit of the old pension scheme in accordance with specific notifications and rules.
Finding of the Court:
The court disposed of the petition, directing the respondents to decide the case of the petitioner within two months and extend the benefits in line with a previous judgment, if the petitioner is eligible.
Issues: The issue raised in the present petition was the extension of the old pension scheme benefits to the petitioner.
Ratio Decidendi: The court's decision was influenced by the judgment in Pawan Kumar And Ors. vs. Union of India And Ors., which covered the same issue.
Final Decision: The present petition was disposed of, with the direction for the respondents to decide the petitioner's case within two months and extend the benefits in line with the relevant judgment, if eligible.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following relief:
"a.) Issue a Writ of Mandamus directing the Respondents to extend the benefit of old pension scheme to the Petitioner in terms of the Notification dated 22.12.2003, MHA letter dated 06.08.2004 and in accordance with CCS (Pension) Rules, 1972 by treating him as members of an Armed Force of the Union of India as held in case of Cr. Appeal No. 439/1980 titled as Akhilesh Prasad v Union Territory of Mizoram and other judgments passed by the Apex Court as well as this Hon'ble Court also to grant the same benefit as is being given to the Army, Navy and Air Force."
2. Learned counsel on behalf of the petitioner submits that the issue raised in the present petition is squarely covered by the judgement rendered by this Court in Pawan Kumar And Ors. vs. Union of India And Ors., W.P. (C) 12712/2021 decided on 11.01.2023.
3. Accordingly, we hereby dispose of the present petition directing the respondents to decide the case of the petitioner within two months and extend the benefits thereof on the lines of the aforementioned judgment, if he is otherwise eligible.
4. The present petition is disposed of.
5. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
The main legal point established in the judgment is the court's authority to issue a Writ of Mandamus to direct the extension of pension scheme benefits in accordance with relevant rules and previous....
The main legal point established in the judgment is the application of previous court decisions and parity with similarly placed individuals in extending the benefits of the Old Pension Scheme to the....
The main legal point established in the judgment is that the court will dispose of a petition seeking a Writ of Mandamus if the issue has already been decided and granted by the relevant authority, a....
The court's decision was based on the recent office memorandum issued by the Central Government and a previous decision by the Court in a similar case, which had already addressed the matter raised i....
The court's decision was based on the recent office memorandum and a previous court decision, which influenced the disposal of the petition.
The court's decision was based on the principle of res judicata, as the issue had already been adjudicated in a previous case.
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.
Court directs consideration of service regularization representations on merits within stipulated time without prejudging claims.
The court emphasized the principle of maintaining the jurisdictional integrity and appropriate forum for addressing the grievance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
