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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
Rajesh Kumar Panday & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 6036 of 2023 & CM APPL. 23647 of 2023
Decided On : 09-05-2023
Old Pension Scheme - CCS (Pension) Rules, 1972 - The court allowed the exemption subject to all just exceptions and disposed of the application. The petition seeking directions to extend the benefits of the Old Pension Scheme to CRPF petitioners was disposed of as the issue had already been decided by the Central Government and the court in a previous case.
Fact of the Case:
The petition was filed seeking directions to extend the benefits of the Old Pension Scheme to CRPF petitioners.
Finding of the Court:
The court found that the issue had already been decided by the Central Government and the court in a previous case, therefore nothing survived in the present petition.
Issues: The main issue was the extension of the benefits of the Old Pension Scheme to CRPF petitioners.
Ratio Decidendi: The court's decision was influenced by the fact that the issue had already been decided by the Central Government and the court in a previous case.
Final Decision: The petition as well as the pending application were disposed of.
JUDGMENT (Oral)
CM APPL.23647/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 6036/2023
3. Present petition has been filed seeking directions to the respondents to extend the benefits of Old Pension Scheme under CCS (Pension) Rules, 1972 to the petitioners who have been selected and presently serving CRPF on various posts in various places of the country.
4. 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.
5. 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.
6. Petition as well as pending application stand disposed of.
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 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 interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
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.
The main legal point established is that individuals cannot be deprived of the benefit of the Old Pension Scheme if their batchmates are already receiving this benefit under various judgments passed ....
The main legal point established in the judgment is the principle of fairness in granting the benefit of Old Pension Scheme to individuals who are identically placed and have already been granted the....
The court's decision was based on the principle of res judicata, as the issue had already been adjudicated in a previous case.
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