ups_00129 — This OA has been filed to declare that the act of the Respondents in not extending the benefits of the Old Pension Scheme to the Applicants as bad in law and to direct the Respondents to extend the benefits of Order, dated 19-9-2014 passed in O.A. No. 3472 of 2013 and upheld by the High Court by Judgment, dated 13-9-2018 and to grant pay fixation of the Applicants as per Order, dated 17-11-2020 in the OA, and to quash the impugned Order, dated 31-8-2021 and directing the Respondents to fix the p

UPS

This OA has been filed to declare that the act of the Respondents in not extending the benefits of the Old Pension Scheme to the Applicants as bad in law and to direct the Respondents to extend the benefits of Order, dated 19-9-2014 passed in O.A. No. 3472 of 2013 and upheld by the High Court by Judgment, dated 13-9-2018 and to grant pay fixation of the Applicants as per Order, dated 17-11-2020 in the OA, and to quash the impugned Order, dated 31-8-2021 and directing the Respondents to fix the pay of the Applicants on par with their batchmates appointed in 2003 and to regulate their pension under the Old Pension Scheme governed under CCS (Pension) Rules, 1972 effective from 1-1-2004 with consequential benefits — This chunk is part of a court order, specifically Order Application (OA) No. 2383 of 2021, where the applicants are seeking a declaration that the Respondents' failure to extend Old Pension Scheme be... — Facts: The Delhi Subordinate Service Selection Board (DSSSB) issued Recruitment Notification No. 022 of 2002 for various posts of Grade – IV (Post Code 022 of 2002). Applicants applied for the post and appeared in the written examination held in 2002. The 4th Respondent declared the result and issued select list. However, SC category result was not declared. On 26-6-2003, the result of 37 Ex-Servicemen vacancies were declared. The candidates whose results were declared, joined the service. On a query about the delay in the declaration of the result of the Applicants, the 4th Respondent assured that no prejudice would be caused to them and that their results are delayed due to pendency of LPA No. 625 of 2002 filed against CWP No. 5061 of 2001 (Kunwar Pal and others v. Government of NCT of Delhi). Finally, the results of the Applicants were declared and they were issued offer of appointment in 2005-2006. By Order, dated 19-7-2006, the Government of NCT of Delhi adopted the New Pension Scheme, dated 22-12-2003 framed by the Government of India and made it applicable to employees who entered service on or after 1-1-2004. Since the Applicants joined service pursuant to the vacancies notified in 2002, they contended that they should be governed by the Old Pension Scheme, as also, the Tribunal has directed the Respondents to grant the benefit of Old Pension Scheme to identically placed persons, in O.A. Nos. 183 of 2009, 3719 of 2009, 1795 of 2011 and 2045 of 2010. Hence the OA seeking declaration and direction to the Respondents. Applicants also relied on an Order, dated 19-9-2014 passed in O.A. No. 3472 of 2013 upheld by the High Court and the Supreme Court by granting the benefit of Old Pension Scheme as well as pay fixation as granted to the Applicants therein and the Respondents have also implemented the same, by Order, dated 17-11-2020. However, the Applicants, despite being similarly placed, have been discriminated and denied the legitimate rights accruing therefrom. Applicants also relied upon an O.M. No. 57/04/2019-P&PW(B), dated 17-2-2020 issued by the Department of Pension and PW's Office, wherein the matter has been examined and the Government servants who were declared successful on or before 31-12-2003 against vacancies occurring on or before 1-1-2004 may be given a one-time option to be covered under the CCS (Pension) Rules, 1972 and this option may be exercised by the concerned Government servant latest by 31-5-2020.

UPS

This OA has been filed to declare that the act of the Respondents in not extending the benefits of the Old Pension Scheme to the Applicants as bad in law and to direct the Respondents to extend the benefits of Order, dated 19-9-2014 passed in O.A. No. 3472 of 2013 and upheld by the High Court by Judgment, dated 13-9-2018 and to grant pay fixation of the Applicants as per Order, dated 17-11-2020 in the OA, and to quash the impugned Order, dated 31-8-2021 and directing the Respondents to fix the pay of the Applicants on par with their batchmates appointed in 2003 and to regulate their pension under the Old Pension Scheme governed under CCS (Pension) Rules, 1972 effective from 1-1-2004 with consequential benefits — This chunk is part of a court order, specifically Order Application (OA) No. 2383 of 2021, where the applicants are seeking a declaration that the Respondents' failure to extend Old Pension Scheme be... — Facts: The Delhi Subordinate Service Selection Board (DSSSB) issued Recruitment Notification No. 022 of 2002 for various posts of Grade – IV (Post Code 022 of 2002). Applicants applied for the post and appeared in the written examination held in 2002. The 4th Respondent declared the result and issued select list. However, SC category result was not declared. On 26-6-2003, the result of 37 Ex-Servicemen vacancies were declared. The candidates whose results were declared, joined the service. On a query about the delay in the declaration of the result of the Applicants, the 4th Respondent assured that no prejudice would be caused to them and that their results are delayed due to pendency of LPA No. 625 of 2002 filed against CWP No. 5061 of 2001 (Kunwar Pal and others v. Government of NCT of Delhi). Finally, the results of the Applicants were declared and they were issued offer of appointment in 2005-2006. By Order, dated 19-7-2006, the Government of NCT of Delhi adopted the New Pension Scheme, dated 22-12-2003 framed by the Government of India and made it applicable to employees who entered service on or after 1-1-2004. Since the Applicants joined service pursuant to the vacancies notified in 2002, they contended that they should be governed by the Old Pension Scheme, as also, the Tribunal has directed the Respondents to grant the benefit of Old Pension Scheme to identically placed persons, in O.A. Nos. 183 of 2009, 3719 of 2009, 1795 of 2011 and 2045 of 2010. Hence the OA seeking declaration and direction to the Respondents. Applicants also relied on an Order, dated 19-9-2014 passed in O.A. No. 3472 of 2013 upheld by the High Court and the Supreme Court by granting the benefit of Old Pension Scheme as well as pay fixation as granted to the Applicants therein and the Respondents have also implemented the same, by Order, dated 17-11-2020. However, the Applicants, despite being similarly placed, have been discriminated and denied the legitimate rights accruing therefrom. Applicants also relied upon an O.M. No. 57/04/2019-P&PW(B), dated 17-2-2020 issued by the Department of Pension and PW's Office, wherein the matter has been examined and the Government servants who were declared successful on or before 31-12-2003 against vacancies occurring on or before 1-1-2004 may be given a one-time option to be covered under the CCS (Pension) Rules, 1972 and this option may be exercised by the concerned Government servant latest by 31-5-2020.

Original Rule Text

Original Rule Text