Naveen Kumar Jha vs Union Of India And Ors on 2 November, 2012
"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 opinion that a somewhat
different result would have to follow. Undoubtedly, all
the petitioners were declared medically fit by 2003.
However, they would 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
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