The High Court of Delhi allowed the writ petition, holding that the petitioner is entitled to the Old Pension Scheme based on a post notified before 2004 and an OM by the Ministry of Personnel dated 03.03.2023.
Petitioner entitled to Old Pension Scheme from retirement; benefits to be calculated and released within twelve weeks; impugned order set aside.
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versus
UNION OF INDIA & ANR ..... Respondents Through: Mr. Anurag Ahluwalia, CGSC for R- 1 & 2.
CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 15.01.2024
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 03/07/2025 at 18:36:40
well before 01.01.2004, the date when the new pension scheme came into force, the petition is entitled to succeed. He submits that not only is this issue covered in favour of the petitioner by a number of decisions of this Court but even the Ministry of Personnel, Public Grievances and Pensions has, on 03.03.2023, issued an OM directing that the benefit of the Old Pension Scheme be extended to all those central government employees, who had been appointed against posts which were advertised or notified before 01.01.2004.
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 03/07/2025 at 18:36:40
advertised/notified for recruitment/appointment, prior to the date of notification for National Pension System i.e. 22.12.2003 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.”
REKHA PALLI, J
TUSHAR RAO GEDELA, J
JANUARY 15, 2024 al
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 03/07/2025 at 18:36:40
2 issues framed by the court
Whether a petitioner appointed against a post notified before 01.01.2004 is entitled to the Old Pension Scheme despite joining service on or after that date.
Whether the Ministry of Personnel, Public Grievances and Pensions OM dated 03.03.2023 extends the benefit of the Old Pension Scheme to such employees.
2 provisions across 2 enactments
Vijayan T. G.
Union of India
Rekha Palli
Tushar Rao Gedela
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
