Delhi High Court
Const Thorat Vijay Vitthal & Ors. vs Union Of India & Ors. on 8 November, 2021
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9201/2021
CONST THORAT VIJAY VITTHAL & ORS. ..... Petitioners
Through Mr.Nikhil Palli, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Harish Vaidyanathan Shankar,
CGSC for UOI.
% Date of Decision: 8th November, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J (Oral):
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking directions to the
respondents to extend the benefit of Old Pension Scheme to the petitioners
who were selected as Constable/GD in Border Security Force pursuant to
recruitment held in November, 2003 by Frontier Headquarters BSF,
Rajasthan, Gujarat, U.P, Punjab, Maharashtra in August, 2003 on the ground
that the petitioners are identically placed as the petitioners in the case of
Tanaka Ram & Ors., W.P.(C) No.6680/2017, as they were selected pursuant
to the same selection process.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.11.2021
18:07:32
3. On the last date of hearing, this Court had issued notice and directed
the counsel for Central Government to verify the facts averred in the present
writ petition. However, no affidavit has been placed on record by the
respondents.
4. This Court is of the view that the petitioners cannot be penalized for
delay on the part of office of the STC, BSF in issuing appointment letters to
them since it is an admitted fact that their selection process had been
completed in November, 2003 and their medical examination had been
conducted in December, 2003. Moreover, as some of the similarly situated
Constables/GDs as the petitioners herein have already been granted the
benefit of Old Pension Scheme, it would not be fair to deny the said relief to
the petitioners. In fact, this Court in SI/Min M.R. Gurjar & Ors. Vs. Union
of India & Ors., W.P.(C) 8208/2020 has allowed similar writ petitions. The
relevant portion of the said judgment is reproduced hereinbelow:
"13. Having regard to the fact that in the present batch of cases
also the advertisement/notification was issued in September,
2003 and June, 2003 i.e. prior to coming into force of the present
contributory pension scheme on 22nd December, 2003, this Court
is of the view that petitioners cannot be deprived of the benefit of
the Old Pension Scheme.
14. This is more so when the batchmates of the petitionersare
getting this benefit under various judgements passed by this
Court.
15. For the above reasons, the petitions are allowed.
Respondents are directed to extend the benefit of Old Pension
Scheme to each of these Petitioners and pass consequential
orders within a period of eight weeks from today."
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.11.2021
18:07:32
5. Accordingly, the present writ petition is allowed directing the
respondents to extend the benefit of Old Pension Scheme to the petitioners,
subject to verification by the respondents within eight weeks.
6. With the aforesaid direction, the present writ petition stands disposed
of.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
NOVEMBER 08, 2021
KA
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:09.11.2021
18:07:32
