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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Rajender Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. entitlement to benefits based on retirement age under dev sharma case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. argument against age-based classification being arbitrary. (Para 7 , 8 , 9) |
| 3. clarification on applicability of prior judgments. (Para 10) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL. 8524/2021
Allowed, subject to just exceptions.
W.P.(C) 2834/2021
1. Present writ petition has been filed primarily seeking a direction to the respondents to extend the benefit of the judgment dated 31st January 2019 passed by this Court in Dev Sharma vs. ITBP & Anr., W.P. (C) No. 1951/2012 to the petitioners by extending their respective dates of retirement to the age of sixty years and consequently recalculating their retiral benefits including pension and gratuity. Petitioners also seek direction to the respondents to add the differential period to the period of service actually rendered by the Petitioners and pay the arrears of retiral benefits and other consequential benefits to the petitioners.
2. Learned counsel for the petitioners states that the Petitioners were appointed as Constable (General Duty) in the ITBP and retired from service on attaining the age of superannuation prio
Judgment benefits for extending retirement age apply only to those who had not exceeded age 60 at the time of the ruling; exceeding this age prior to the ruling disqualifies claim to benefits.
The entitlement to the benefit of a judgment is limited by subsequent clarifications and specific criteria, and a writ petition cannot be used to challenge previous judgments on grounds of being arbi....
Eligibility for retirement benefits hinges on age criteria established by precedent; those exceeding the age limit before a specified date are disqualified.
Benefits of enhanced retirement age apply only to personnel who retired prior to the set date and were below the age limit at that time, affirming equality under the law.
Uniform retirement age for all members of the CAPFs and entitlement to retirement benefits based on the differential period.
The court ruled that pension benefits related to age of superannuation can be applied only to those below the age limit established in prior case law, reinforcing the validity of previous judicial de....
The date of engagement is the decisive factor for determining the retirement age of a Forest Worker, and non-discrimination amongst similarly situated employees is crucial in such cases.
The main legal point established in the judgment is the entitlement of Class-IV employees engaged prior to 10.05.2001 to retire at the age of 60 years and the emphasis on notional fixation of pay for....
The date of engagement is the decisive factor for retirement age, and notional fixation of pay is important for pension calculation.
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