Delhi High Court - Orders
Himmat Singh Chauhan vs Union Of India & Anr on 23 July, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~17.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6916/2021
HIMMAT SINGH CHAUHAN ..... Petitioner
Through: Mr. Zahid, Adv.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 23.07.2021 [VIA VIDEO CONFERENCING] CM 21829/2021 (for exemption).
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P.(C) 6916/2021.
3. The present petition has been filed by the petitioner, being an Assistant Commandant with the respondents Border Security Force (BSF) seeking direction to the respondents to count the previous service of the petitioner with the State Police of Rajasthan and for granting of benefit under the Old Pension Scheme.
4. It is the case of the petitioner that he was working with the Rajasthan State Police as a Constable (General Duty (GD)) from 1st December, 2001 to 31st December, 2004. On 30th September, 2003 the petitioner received a No Objection Certificate for appearing in the Staff Selection Commission Examination and on 31st October, 2004 the petitioner qualified for the post of Sub Inspector (GD) in the respondents BSF. Pursuant to his selection for W.P.(C) 6916/2021 Page 1 of 2 the said post, the petitioner was directed to report to the BSF Academy Tekanpur on 1st January, 2005.
5. The petitioner has failed to cite any Rule and/or judgment in support of his contention that his previous service should be counted for grant of benefit of the Old Pension Scheme.
6. Be that as it may, since the recruitment of the petitioner is pursuant to the advertisement of 2003, prima facie it appears that his case may be covered by the judgment in SI/MIN M.R. Gurjar Vs. Union of India 2021 SCC OnLine Del 569. However, whether or not the previous service of the petitioner with the Rajasthan State Police is to be counted for the purposes of grant of benefit under the Old Pension Scheme has to be examined.
7. Issue notice.
8. Notice is accepted by the counsel for the respondents.
9. Let counter affidavit be filed within a period of six weeks.
10. Rejoinder, if any, within three weeks thereafter.
11. List on 11th October, 2021.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 23, 2021 'pp'..
W.P.(C) 6916/2021 Page 2 of 2