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SURESH KUMAR KAIT, TUSHAR RAO GEDELA
Hanwant Singh – Appellant
Versus
Union of India – Respondent
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 to the petitioners in view of the law laid down by this Court in a catena of cases and also in terms of the parity with the other similarly placed individual availing the benefits of the Old Pension Scheme.
2. Recently, the Central Government has issued office memorandum dated 03.03.2023 and in view of paras 4 & 7 of the said OM, issue of the petitioners has already been decided.
3. In addition to above, this Court has already decided the larger issue 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 which is applicable to the petitioners being similarly situated and are also entitled for the benefit of the said judgment.
4. Accordingly, present petition is disposed of.
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 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 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.
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....
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.
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.
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