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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Prakash P M & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 7406 of 2023
Decided On : 26-05-2023
Mandamus - Old Pension Scheme - The court disposed of the petition seeking a Writ of Mandamus to extend the benefits under the Old Pension Scheme to the petitioners, as the issue had already been decided and granted by the Central Government. The court also noted that the case of the petitioners was covered by a previous petition and batch matters.
Fact of the Case:
The petitioners sought a Writ of Mandamus to extend the benefits under the Old Pension Scheme to them, as they were serving in the Central Reserve Police Force.
Finding of the Court:
The court found that the issue had already been decided and granted by the Central Government, and the case of the petitioners was covered by a previous petition and batch matters. As a result, the court disposed of the present petition.
Issues: The main issue was the extension of benefits under the Old Pension Scheme to the petitioners serving in the Central Reserve Police Force.
Ratio Decidendi: The court's decision was influenced by the fact that the issue had already been decided and granted by the Central Government, and the case of the petitioners was covered by a previous petition and batch matters.
Final Decision: The court disposed of the present petition in light of the Central Government's previous decision and the coverage of the petitioners' case by a previous petition and batch matters.
JUDGMENT (Oral)
CM APPL. 28832/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 7406/2023
3. The petitioners have filed the present Writ Petition under Article 226/227 of the Constitution of India seeking following reliefs :
"(a) Issue a Writ of Mandamus directing the Respondents to extend the benefits under Old Pension Scheme to the Petitioners who have been selected and presently serving Central Reserve Police Force (CRPF) on various posts in various places of the country.
(b) Pass any other appropriate order/direction which this Hon'ble Court may deem fit and proper."
4. The issue raised in the present petition has already been decided and granted by the Central Government vide Notification dated 07.03.2023.
5. In addition to above, this Court has decided the case of the larger issue and case of the petitioners is covered by the petition W.P.(C) 11133/2022 dated 11.01.2023 and the batch matters.
6. The present petition is accordingly disposed of.
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 fact that the issue had already been decided by the Central Government and the court in a previous case.
The Notification dated 22.12.2003, which implemented the NPS, specifically excluded the Armed Forces and the CRPF is an Armed Force of the Union of India. Therefore, the petitioners were entitled to ....
The petitioners are entitled to the benefit of the Old Pension Scheme based on previous judgments and the fact that they applied before the New Pension Scheme was implemented.
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 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 is that personnel who applied prior to the implementation of a new pension scheme should be entitled to the benefits of the old pension scheme.
Equal treatment under the law necessitates extending Old Pension Scheme benefits to petitioners selected in a similar recruitment process without imposing penalties for administrative delays.
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