Nasir Ahmad vs Union of India - 2023 Supreme(Del) 1369

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2023 Supreme(Del) 1369

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Nasir Ahmad – Appellant
Versus
Union of India – Respondent
W.P.(C) 10585 of 2021
Decided On : 21-04-2023

Important Points

The court's decision was based on the principle of res judicata, as the issue had already been adjudicated in a previous case.

Subject

Pension Law - Pension Scheme Benefits

Headnote

Pension Scheme - Petition for Old Pension Scheme Benefits - Discriminatory Notification

Fact of the Case:

The petitioner sought to be treated as a member of the Old Pension Scheme and to receive its benefits, while challenging the discriminatory nature of the New Pension Scheme notification.

Finding of the Court:

The court found that the issue had already been decided in a previous case, and therefore no further order was required in the present petition.

Issues: Treatment under Old Pension Scheme, Benefits of Old Pension Scheme, Discriminatory Nature of New Pension Scheme Notification

Ratio Decidendi: The court's decision was influenced by the previous judgment on the same issue, which rendered the present petition unnecessary.

Final Decision: The petition was disposed of due to the issue having been previously decided by the court.

Advocates appeared:
Mr.Mananyay Mishra & Mr.Bhaskar Pandey, Advocates, for the Petitioner.
Ms.Anju Gupta & Mr.Roshan Lal Goel, Advocates, for the UOI. Sh. Hemendra Singh, Deputy Commandant (Law) BSF.

JUDGMENT (Oral)

1. Vide the present petition, petitioner prays as under:

a. To treat the petitioners as the members of the Old Pension Scheme, and extend the pension benefits as per the Central Civil Services (Pension) Rules, 1972;

b. To grant the benefits of the Old pension Scheme, in accordance with Central Civil Services (Pension) Rules, 1972;

c. To declare that the New Pension Scheme notification dated 22.12.2003 is discriminatory.

2. The issue raised in the present petition has already been decided by this Court in W.P.(C) No.12712/2021 titled as "Pawan Kumar & Ors. vs. Union of India & Ors." and batch decided on 11.01.2023, therefore, no further order is required to be passed in the present petition.

3. In view of above, petition is disposed of.