SATYA DEV PRAJAPATI Vs. DELHI HIGH COURT

JUDGEMENT

(1.) The petitioners have filed these petitions, inter alia, impugning an Office Memorandum dtd. 17/2/2020 (hereafter referred to as 'the impugned OM'), whereby the coverage under the CCS (Pension) Rules, 1972 (hereafter 'the Old Pension Scheme') was confined to only those candidates who were recruited against vacancies arising on or before 31/12/2003 and the selection results were declared on or before 1/1/2004. All other employees appointed after the cut-off date, including the petitioners, are not covered under the Old Pension Scheme but would participate in the National Pension Scheme (hereafter referred to as 'NPS'), which is a contributory scheme.

(2.) The petitioners are aggrieved as they have been denied the benefit of being covered under the Old Pension Scheme. The petitioners had made their representations to the Establishment of this Court (hereafter 'the DHC') which were rejected on the recommendations of the concerned Committee of the DHC. The petitioners have, therefore, impugned the order rejecting their representations as well.

(3.) The petitioners claim that since their applications for employment with the DHC were submitted pursuant to the advertisements inviting applications issued prior to 31/12/2003 and the selection process had commenced prior to the said date, they are entitled to be covered under the Old Pension Scheme. They contend that denial of this benefit on the ground that the appointment letters were issued after the cut-off date of 31/12/2003 is arbitrary and unreasonable.