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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Jaswinder Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge against eligibility criteria for old pension scheme. (Para 1) |
| 2. background of recruitment process and pension scheme changes. (Para 2 , 3 , 4) |
| 3. argument for parity with batchmates regarding pension benefits. (Para 5) |
| 4. court's observations on previous judgments and pension eligibility. (Para 6 , 7 , 8 , 9) |
| 5. order to extend old pension scheme benefits to petitioners. (Para 10) |
JUDGMENT
Manmohan, J. (Oral):
CM APPL. 4470/2021
Allowed, subject to just exceptions.
W.P. (C) 1569/2021
1. Present writ petition has been filed challenging the OM dated 17th February, 2020 to the extent that it declares that only those candidates whose results for recruitment were declared before 01st January, 2004 against vacancies occurring on or before 31st December, 2003, shall be eligible for coverage under the old pension scheme. Petitioners also pray for issuance of writ of mandamus directing the respondents to extend the benefit of old pension scheme to the petitioners as has been granted to similarly situated persons through a catena of judgments passed by this Court and affirmed by the Supreme Court, from the date of appointment of the petitioners with all consequenti
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.
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.
The interpretation of the recruitment date in determining eligibility for the Old Pension Scheme.
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.
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 ....
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
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....
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.
Coverage under Old Pension Scheme is determined by appointment date, not recruitment process commencement; arbitrary denial underlay by legal precedent is unsupported.
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