$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8558/2024 & CM APPL. 35042/2024 –Ex.
CM APPL. 35077/2024 –Ex.
BIKRAJEET SINGH AND ORS.
..... Petitioner
Through: Mr. Mananjay Kumar Mishra, Adv.
versus
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. Umang Chopra, SPC with Mr.
Karan Malhotra, G.P.
CORAM:
HON’BLE MS. JUSTICE REKHA PALLI
HON’BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 31.05.2024
1. The present writ petition under Article 226 of the Constitution of
India seeks a direction to the respondents to treat the petitioners as
members of the Pension Scheme under the Central Civil Services
(Pension) Rules, 1972, commonly known as ‘the Old Pension
Scheme’.
2. Learned counsel for the petitioners submits that even though the post
against which the petitioners were appointed as Constable (General
Duty) in the BSF against vacancies which had arisen prior to
22.12.2003, when the National Pension Scheme, commonly known as
‘New Pension Scheme’ was notified, their claim for inclusion under
the Old Pension Scheme is not being considered by the respondents.
He submits that in terms of the DoPT’s OM no. 57/05/2021-
P&PW(B) dated 03.03.2023, all central government employees who
were appointed against a post which was advertised/notified before
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/06/2024 at 12:40:59
22.12.2003 would be given an option to be covered by the Old
Pension Scheme. However, despite the petitioners repeated requests
made to their respective units, their case is not being considered in
accordance with the OM dated 03.03.2023. He further submits that for
the present, the petitioners would be satisfied if the respondents are
directed to decide the claim of the petitioners for being covered under
the Old Pension Scheme by taking into account the DoPT’s aforesaid
Office Memorandum dated 03.03.2023 by treating the writ petition as
their representation.
3. Issue notice. Learned counsel for the respondents accepts notice and
has no objection to this limited request of the petitioners.
4. In the light of the aforesaid, the writ petition is disposed of by
directing the respondents to consider, within twelve weeks, the case of
the petitioners’ for being covered under the Old Pension Scheme in
accordance with the DoPT’s OM bearing No. 57/05/2021-P&PW(B)
dated 03.03.2023, by treating the present writ petition as a
representation.
5. Needless to state, in case the petitioners are still aggrieved by any
order passed by the respondents, it will be open for them to seek legal
recourse, as permissible in law.
REKHA PALLI, J
SAURABH BANERJEE, J
MAY 31, 2024
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 01/06/2024 at 12:40:59