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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Sanjay Kumar – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 6223 of 2022
Decided On : 02-05-2023
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 and a previous court decision.
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 court decision in a related case.
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 and a previous court decision, which rendered the petition unnecessary.
Final Decision: The petition was disposed of as nothing survived in light of the recent office memorandum and the previous court decision.
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.
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 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 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.
The court's decision was based on the principle of res judicata, as the issue had already been adjudicated in a previous case.
A petitioner has the right to withdraw a writ petition filed under Article 226 of the Constitution, leading to its dismissal as withdrawn upon the court recording such a request.
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 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....
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.
Eligibility for pension under GPF scheme affirmed despite respondents' claims of binding precedents.
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