$~25 to 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1013/2023 and CM APPL.37680/2023 (25) CT/COOK JOGINDER SINGH .....Petitioner Through: Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh Mahla, Advs.

versus DR SUJOY LAL THAOSEN AND ORS .....Respondent Through: Mr. Vinod Sawant (Law Officer), Inspector Athurv, Mr. Ramniwas Yadav from CRPF + CONT.CAS(C) 183/2024 (26) RAJESH SHARMA .....Petitioner Through: Mr. N.K. Aggarwal (SPC) for UOI Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh Mahla, Advs.

versus SH. ANISH DAYAL SINGH AND ORS .....Respondent Through: Mr. Vinod Sawant (Law Officer), Inspector Athurv, Mr. Ramniwas Yadav from CRPF + CONT.CAS(C) 103/2025 (27) A.SARAVANAN .....Petitioner Through: Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh Mahla, Advs.

versus SH. ANISH DAYAL SINGH AND ORS .....Respondent Through: Mr. Kavindra Kumar Gill (SPC)

Mr. Vinod Sawant (Law Officer), Inspector Athurv, Mr. Ramniwas Yadav from CRPF + CONT.CAS(C) 104/2025 (28) GOPAL ISHWAR PATGAR .....Petitioner Through: Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh Mahla, Advs.

versus SR. ANISH DAYAL SINGH AND ORS .....Respondent Through: Ms. Arunima Dwivedi (CGSC) along with Ms. Himanshi Singh, Ms. Priya Khurrana, Advs.

Mr. Vinod Sawant (Law Officer), Inspector Athurv, Mr. Ramniwas Yadav from CRPF + CONT.CAS(C) 194/2025 (29) SHILIN P P .....Petitioner Through: Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh Mahla, Advs.

versus SH. ANISH DAYAL SINGH AND ORS .....Respondent Through: Mr. Rajesh Kumar (SPC) along with Mr. Yash Narain, Ms. Pragya Yadav, Advs. for UOI Mr. Vinod Sawant (Law Officer), Inspector Athurv, Mr. Ramniwas Yadav from CRPF CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 05.02.2026

1. The present petitions allege wilful disobedience of the directions contained in the judgment/order dated 11.01.2023 passed in W.P(C)

13174/2022. The operative directions therein are as under:-

2. It transpires during the course of hearing that SLP (C) no. 14864/2023 was filed by the respondents against the aforesaid judgment/order dated 11.01.2023 (in some of these matters) which came to be dismissed by the Supreme Court vide order dated 13.02.2024, in the following terms:

“Delay condoned.

These special leave petitions are dismissed, as the advertisement for selection/recruitment was issued before notification dated 22.12.2003. Accordingly, paragraph '4' of the Office Memorandum No. 57/05/2021 - P&PW(B), dated 03.03.2023 issued by the Department of Pension and Pensioner’s Welfare, Ministry of Personnel, Public Grievances and Pensions, which reads as under, is applicable: -

“4. The matter has been examined in consultation with the Department of Financial Services, Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has now been decided that, in all cases where the Central Government civil employee has been appointed against a post or vacancy which was advertised/notified for recruitment/appointment, prior to the date of notification for National Pension System i.e. 22.12.2003 and is covered under the National Pension System on joining services on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Government servants latest by 31.08.2023.”

The choice should be treated as exercised by the respondents as they were protesting and had initiated litigation. The authorities must take pragmatic and liberal view in this regard.

Recording the aforesaid, the special leave petitions are dismissed.

However, we grant liberty to the petitioners to ask for revival/recall of this order in case the advertisement for selection/recruitment was issued on or after 22.12.2003. We give this liberty, as it is stated that there are thousands of force members and during verification, mistake or error is possible. Learned Additional Solicitor