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2023 Supreme(Del) 1515

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Nagmani Singh – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 5869 of 2022
Decided On : 02-05-2023

Advocates appeared:
Mr.Pankaj Kumar & Mr.Shubhendu Saxena, Advocates, for the Petitioner.
Mr.Vijay Joshi, Mr.Mohit Joshi & Mr.Gurjas Singh Narula, Advocates Sh.Hemendra Singh, Deputy Commandant (Law) BSF, for the Respondent.

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 in the petition.

Headnote:

Old Pension Scheme - CCS (Pension) Rules, 1972 - The court disposed of the petition seeking directions to extend the benefits of the Old Pension Scheme and issue GPF Account Numbers, citing a recent office memorandum by the Central Government and a previous decision by the Court in a similar case.

Fact of the Case:

The petitioner filed a petition seeking directions to extend the benefits of the Old Pension Scheme under CCS (Pension) Rules, 1972 and issue GPF Account Numbers along with consequential benefits.

Finding of the Court:

The court found that the issue raised in the petition had already been decided by a recent office memorandum issued by the Central Government and a previous decision by the Court in a similar case, rendering the present petition moot.

Issues: The main issue was the extension of benefits under the Old Pension Scheme and the issuance of GPF Account Numbers.

Ratio Decidendi: The court's decision was influenced by 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 in the petition.

Final Decision: The petition was disposed of accordingly, as the court found that nothing survived in the present petition due to the recent office memorandum and the previous decision by the Court.

JUDGMENT (Oral)

1. Present petition has been filed seeking directions to the respondents to extend the benefits of Old Pension Scheme under CCS (Pension) Rules, 1972 and issue GPF Account Numbers along with all consequential benefits.

2. Recently, the Central Government has issued office memorandum dated 03.03.2023 and by the said OM, issue of the petitioner has already been decided.

3. In addition to above, this Court has already decided the matter in the case of "Pawan Kumar & Ors. vs. Union of India & Ors." on 11.01.2023 in W.P.(C) 12712/2021 and batch matters. Thus, nothing survives in the present petition.

4. Petition is, accordingly, disposed of.

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