UNION OF INDIA vs PAWAN KUMAR - 2024-02-13

JUDGMENT

IA No. 249278/2023 - INTERVENTION/IMPLEADMENT IA No. 242801/2023 - INTERVENTION/IMPLEADMENT IA No. 112474/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH SLP(C) No. 22511/2023 (XIV)

(IA No. 189514/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 189515/2023 - EXEMPTION FROM FILING O.T.

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SLP(C) No. 21758/2023 (XIV)

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SLP(C) No. 25439-25441/2023 (XIV)

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SLP(C) No. 25775/2023 (XIV)

(IA No. 227491/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 25776/2023 (XIV)

(IA No. 229103/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 25777/2023 (XIV)

(IA No. 226968/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

IA No. 226970/2023 - EXEMPTION FROM FILING O.T.)

SLP(C) No. 25442/2023 (XIV)

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Diary No(s). 52547/2023 (XIV)

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Diary No(s). 52558/2023 (XIV)

(IA No. 9613/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

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IA No. 9611/2024 - PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS)

Diary No(s). 52563/2023 (XIV)

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IA No. 14276/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Diary No(s). 613/2024 (XIV)

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SLP(C) No. 3321/2024 (XIV)

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SLP (C) No. 27551/2023

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SLP (C) No. 27815/2023

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SLP (C) No. 555/2024 SLP(C) No. 556/2024 (XIV)

(IA No. 263821/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 263822/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 13-02-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Tushar Mehta, Solicitor General(N/P)

Mr. K M Nataraj, A.S.G.(N/P)

Mr. Aishwarya Bhati, A.S.G.

Mr. R Bala, Sr. Adv.(N/P)

Mr. Aporrv Kurup, Adv.

Mr. Rajesh Kumar Singh, Adv.

Mr. Anmol Chandan, Adv.

Ms. Nidhi Khanna, Adv.

Mr. Rajendra Singh Rana, Adv.

Mr. Saransh Kumar, Adv.

Mrs. Chitrangda Rastaravara, Adv.

Mr. Akshay Amritanshu, Adv.

Mr. Ketan Paul, Adv. Mr. Rajat Nair, Adv.

Mrs. Bani Dikshit, Adv.

Mr. Akshit Pradhan, Adv.

Ms. Vimla Sinha, Adv.

Mr. Veer Vikrant Singh, Adv.

Mr. B K Satija, Adv.

Mr. Mayank Pandey, Adv.

Mr. Subodh Patil, Adv.

Mr. Chinmayee Chandra, Adv.

Mr. Ishaan Sharma, Adv.

Mr. Anuj Srinivas Udupa, Adv.

Ms. Preeti Rani, Adv.

Mr. Nithin Choudhary Pavuluri, Adv.

Mrs. Shradha Deshmukh, Adv.

Ms. Poornima Singh, Adv.

Mrs. Rukhmini Bobde, Adv.

Mr. Raman Yadav, Adv.

Mr. Arvind Kumar Sharma, AOR Mr. Apoorva Kurup, Adv.

Mrs. Aishwarya Bhati, A.S.G.

Mr. Noor Rampal, Adv.

Mrs. Chitrangda Rastaravara, Adv.

Mr. Sanjay Kumar Visen, Adv.

Mr. Rajat Nair, Adv.

Ms. Rajeshwari Shankar, Adv. Mr. Arvind Kumar Sharma, AOR Mrs. Aishwarya Bhati, A.S.G.

Ms. Shivika Mehra, Adv.

Mr. Ashok Panigrahi, Adv.

Ms. Neelakshi Bhadauria, Adv.

Mr. Apoorv Kurup, Adv.

Mr. Arvind Kumar Sharma, AOR For Respondent(s) Mr. Abhishek, AOR Mr. Niraj Kumar, Adv.

Ms. Ankita Patnaik, Adv.

Mr. Amit Verma, AOR Ms. Swati Sood, Adv.

Mr. Jyadip Pati, Adv.

Mr. Ajay Awasthi, Adv.

Mr. Aishvary Vikram, Adv.

Mr. Vikash Chandra Shukla, AOR Mr. Kedar Nath Tripathy, AOR Mr. Akshay, Adv.

Mr. Sahil Chandra, AOR Mr. Parth Tiwari, Adv.

Mr. Ankur Chhibar, aDv.

Mr. Anshuman Mehrotra, aDv.

Mr. Nikunj Arora, Adv.

Mr. Vardhman Kaushik, AOR UPON hearing the counsel, the Court made the following

O R D E R

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. 22.12.200 3 and is covered under the National Pension System on joining service 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 General has also given a list of special leave petitions, which are diarized but have not been listed on account of defects. The details of such special leave petitions are as under: - 1. SLP (C) D. No. 50268/2023 2. SLP (C) D. No.50283/2023 3. SLP (C) No. 26661/2023 4. SLP (C) No. 26659/2023 5. SLP (C) No.26662/2023 6. SLP (C) No. 26660/2023 7. Diary No. 52576/2023 8. Diary No. 52552/2023 9. Diary No. 2402/2024 10. Diary No. 4858/2024 11. Diary No. 3649/2024 12. Diary No. 3859/2024 13. Diary No. 3651/2024 14. Diary No. 3655/2024 15. Diary No. 5065/2024 16. Diary No. 3652/2024 17. Diary No. 5053/2024 18. Diary No. 6279/2024 19. Diary No. 6283/2024 20. Diary No. 6264/2024 21. Diary No. 6288/2024 22. Diary No. 5059/2024 23. Diary No. 5057/2024 These special leave petitions would also be treated as dismissed and disposed of in terms of the order passed above.

SLP (C) Nos. 22511/2023 and 21758/2023 and Diary Nos. 52544/2023 and 613 of 2024 Re-list in the week commencing 05.08.2024.

Liberty is granted to the petitioners to amend the special leave petitions and file additional documents.

In the meanwhile, pleadings can be completed by the parties.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT MASTER (SH) ASSISTANT REGISTRAR