Prakash P M vs Union of India - 2023 Supreme(Del) 5059

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2023 Supreme(Del) 5059

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

Important Points

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, and if the case is covered by previous petitions and batch matters.

Subject

Administrative Law - Mandamus

Headnote

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.

Advocates appeared:
Mr. Jaydip P., Advocate, for the Petitioners.
Ms. Honey Jain Senior Panel Counsel with Mr. Siddhant Gupta G.P., for the Respondents.

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.