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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Ramniwas – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek old pension scheme benefits (Para 1 , 2) |
| 2. cited precedents support petitioners' claims (Para 3 , 4) |
| 3. no longer res integra; previous rulings apply (Para 5) |
| 4. court directs extension of pension benefits (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral)--The present writ petition has been filed seeking directions to the respondents to treat the petitioners as members of the Old Pension Scheme and extend the pensionary benefits as per the Central Civil Services (Pension) Rules, 1972.
2. Learned counsel for the petitioners states that the petitioners are Constable/Sub-Inspector with the BSF and due to a delay in conducting the medical test by the respondents, the petitioners were recruited on 07th January, 2004 instead of December, 2003 and in the meantime, the New Pension Scheme was implemented, and the petitioners were denied the benefits under the Old Pension Scheme.
3. Learned counsel for the petitioners submits that similarly situated persons of the same batch of 2003 had approached this Court by filing two writ petitions i.e. W.P.(C) No. 6680/2017 titled as Tanaka Ram and Ors. Vs. Union of India and Ors. decided vide judgment dated 12th February,
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.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
The court established that candidates who applied for recruitment prior to the introduction of the new pension scheme are entitled to the Old Pension Scheme, reinforcing equality principles.
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.
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.
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 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 interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
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