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2023 Supreme(Del) 4624
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
Hanwant Singh & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 11018 of 2022
Decided On : 15-05-2023
Important Points
Subject
Pension Law - Old Pension Scheme
Headnote
Old Pension Scheme - CCS (Pension) Rules, 1972 - The court directed the respondents to extend the benefits of the Old Pension Scheme to the petitioners based on previous court decisions and parity with similarly placed individuals. The issue was already decided by a recent office memorandum and a previous court judgment applicable to the petitioners.
Fact of the Case:
The petitioners sought directions to extend the benefits of the Old Pension Scheme under CCS (Pension) Rules, 1972 based on previous court decisions and parity with similarly placed individuals.
Finding of the Court:
The court found that the issue had already been decided by a recent office memorandum and a previous court judgment applicable to the petitioners, and accordingly disposed of the present petition.
Issues: The main issue was the extension of the benefits of the Old Pension Scheme to the petitioners based on previous court decisions and parity with similarly placed individuals.
Ratio Decidendi: The court's decision was influenced by a recent office memorandum and a previous court judgment applicable to the petitioners, which had already decided the issue in question.
Final Decision: The court disposed of the present petition, directing the respondents to extend the benefits of the Old Pension Scheme to the petitioners based on previous court decisions and parity with similarly placed individuals.
Mr. Abhay Kumar Bhargava, Advocate, for the Petitioners.
Ms. Reema Khurana, SPA with Vikash Kumar, Advocate, for the Respondents.
Mr. Hemendra Singh, DC (Law) BSF.
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.
