Back
HARSIMRAN SINGH SETHI
Anil Kumar Yadav – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. right to consideration under pension scheme (Para 3 , 5 , 6) |
| 2. petitioner's eligibility for compassionate appointment following the death of a parent (Para 4) |
| 3. arguments on delay and entitlement (Para 7 , 8) |
| 4. court's analysis of delays and legal remedy (Para 9 , 10) |
| 5. final order regarding old pension (Para 11 , 12) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
CM No.15325 of 2023
Application is allowed.
2. Documents are taken on record.
CWP No.21305 of 2020
3. In the present petition, the grievance raised by the petitioner is that the respondents be directed to consider the petitioner under the Old PENSION SCHEME keeping in view of the facts and circumstances of the present case wherein, the direction was given by the competent Court of Law on 07.11.2005 according to which, the direction was given to appoint the petitioner forthwith which fact was prior to 01.01.2006.
4. Certain facts may be noticed for the correct appreciation of the issue in hand.
5. The father of the petitioner was working in the department of Education and while in service, he unfortunately died on 04.11.2001. The petitioner applied for ex-gratia appointment immediately after the death of h
Delay in appointment due to departmental inaction justifies treating the petitioner under the Old Pension Scheme, despite the New Pension Scheme coming into effect.
Employees appointed before the pension scheme cutoff date may opt for the old pension scheme despite formal appointments occurring later.
Employment recruitment delays not attributable to candidates can exempt them from new pension rules, allowing adherence to older pension systems.
Eligibility for old pension scheme denied based on government policy for appointments made after specified date; courts refrain from altering policy decisions absent clear perversity.
Delays in administrative processes should not result in discrimination against individuals entitled to benefits under pension schemes.
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
