Back
DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Sudesh Kumar (No.043654570) (SI/GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek ops extension (Para 1 , 2 , 3) |
| 2. arguments on ops eligibility (Para 4 , 5 , 6) |
| 3. court's overview of prior rulings (Para 7) |
| 4. directives to extend ops benefit (Para 8) |
| 5. dismissal of pending applications (Para 9) |
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed by the petitioners seeking a direction to the respondents to extend the benefit of Old Pension Scheme (hereinafter referred to as `OPS') to the petitioners. The petitioners further challenge the order dated 30.04.2019 passed by the Commandant, 27 Bn, Boarder Security Force (hereinafter referred to as `BSF') rejecting the representations of the petitioners for grant of the OPS benefit.
2. It is the case of the petitioners that pursuant to the advertisement by the Frontier Headquarters BSF, Rajasthan & Gujarat in August, 2003, the petitioners applied for the post of Constable (General Duty) (hereinafter referred to as `Constable (GD)') in the BSF. The advertisement mentioned that the selection would be State or Union Territory wise and would be based on the physical efficiency test, followed by a written test and an interview and the same would be subject to a medical examinat
The court established that entitlement to the Old Pension Scheme applies to recruits whose selection process commenced prior to the scheme's implementation, despite completion occurring afterward.
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....
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
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.
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 ....
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 delay in the appointment process did not entitle the petitioners to the benefits of the old pension scheme, and the 1969 Circular was not binding to support their claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
