W.P.(C)/10472/2020 of SATYA NARAYAN & ORS. Vs UNION OF INDIA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P. (C) 10472/2020

SATYA NARAYAN & ORS.

.....PetitionersThrough:Mr. Nikhil Palli, Advocate.

Versus

UNION OF INDIA & ORS.

.....Respondents

Through:Mr. Akshay Makhija, Advocate

with Mr. Seerat Deep Singh andMr. Anirudh Shukla, Advocate forUOI.Mr. Anirudh Shukla, Advocate forUOI.

%Date of Decision: 15[th]March, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHANHON'BLE MS. JUSTICE ASHA MENON

J U M N T

MANMOHAN, J (Oral):

CM APPL. 33125/2020 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, present application stands disposed of.

W.P. (C) 10472/2020

1.Present writ petition has been filed seeking direction to therespondents to extend the benefit of Old Pension Scheme to therespondents to extend the benefit of Old Pension Scheme to the

petitioners who were selected as Const./GD in Border Security ForcepursuanttoRecruitmentheldinNovember,2003byFrontierHeadquarters BSF, Rajasthan and Gujarat in August, 2003 as thepetitioners are identically placed as the petitioners in the case of TanakaRam & Ors. vs. Union of India & Ors., W.P.(C) No.6680/2017 havingbeen selected pursuant to the same selection process.

2.Learned counsel for petitioners states that batchmates of most ofthe petitioners have been given benefit of Old Pension Scheme undervarious judgments passed by this Court in Patil Gopal Babulal & Ors. vs.Union of India & Ors., W.P.(C) 11646/2018, Tanaka Ram & Ors. vs.Union of India & Ors., 2019 (174) DRJ 146 (DB); Shyam KumarChoudhary & Ors. vs. Union of India being W.P.(C) No.1358 of 2017and Niraj Kumar Singh & Ors. vs. Union of India & Ors., W.P.(C)No.13129/2019.

3.Learned counsel for the respondents prays for further time to file acounter-affidavit and verify the facts.However, since the batch ofpetitions on the same issue has already been disposed of, the prayer fortime to file counter-affidavit is declined.

4.Having regard to the fact that the present case also theadvertisement/notification was issued in August, 2003 i.e. prior tointroduction of the new Contributory Pension Scheme dated 22[nd]December, 2003 which came into force w.e.f. 01[st]January, 2004, thisCourt is of the view the petitioner cannot be deprived of the benefit of theOld Pension Scheme.

5.This is more so when the batchmates of the petitioners are gettingthis benefit under various judgments passed by this Court.

6.For the above reason, the petition is allowed and respondent isdirected to extend the benefit of Old Pension Scheme to the petitionersand pass consequential orders within eight weeks from today.

7.Accordingly, present petition is disposed of.

MANMOHAN, J

MARCH 15, 2021js

ASHA MENON, J