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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
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.
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.
The court's decision was based on the principle of res judicata, as the issue had already been adjudicated in a previous case.
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....
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'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 interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
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