Harish Chandra Chaudhary vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2233

IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Praveen Kumar Giri
Harish Chandra Chaudhary – Appellant
Versus
Union Of India – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sankalp Narain,Srivats Narain
For the Respondent: A.S.G.I.,Dhananjay Awasthi, Hem Pratap Singh

Table of Content
1. supreme court ruling impacts eligibility for pension scheme. (Para 20)

JUDGMENT :

(Ashwani Kumar Mishra, J.)

1. These appeals arise out of a judgment of learned Single Judge, dated 18.3.2025, whereby learned Single Judge has refused to extend the benefit to the writ petitioners of the judgment rendered by Hon’ble Supreme Court in University of Delhi Vs. Smt. Shashi Kiran and others , 2022 (7) SCR 957. Learned Single Judge has held that the judgment in the case of Smt. Shashi Kiran (supra) is though a judgment in rem, yet its benefit cannot be extended to petitioners in the facts of the present case.

2. Petitioners in this batch of writ petitions are the teaching and non-teaching staff of Banaras Hindu University (hereinafter referred to as the ‘BHU’). Some of them have also retired. Except petitioner Akhoury Sudhir Kumar Sinha, all other petitioners were in employment of the BHU prior to 1.1.1986. All of them were governed by the Central University Retirement Benefit Rules, 1967. As per these rules, they were entitled to benefit of Contributory Provident Fund Scheme (hereinafter referred to as ‘CPF Scheme’). They were not covered by the Pension Scheme.

3. Central gov