In any case, as
observed above, the issues are covered in
favour of the petitioners, by the judgment
of the Supreme Court in Shoorvir Singh
Negi (supra).
In any case, as
observed above, the issues are covered in
favour of the petitioners, by the judgment
of the Supreme Court in Shoorvir Singh
Negi (supra).
"15. As far as the claim for pensionary
benefits based upon the old pension scheme which
ended on 31.12.2003 is concerned, we are of the
W.P.(C) No.3577 of 2021 -10-
opinion that a somewhat different result would
have to follow. Undoubtedly, all the petitioners
were declared medically fit by 2003. However, they
could not be issued with appointment letters and
joined subsequently in 2004 or 2005. It is here
that the observations in Avinash Singh (supra)
quoted with approval in Naveen Kumar Jha (supra)
become relevant. Although the petitioners were
declared fit earlier - at least much before the
cessation of the old pension rules, there was an
administrative delay in the issuance of the
appointment letter asking them to join training.
In these circumstances, in the interests of
justice, we hold that they should be entitled to
the benefits of the old pension scheme."