Union Of India vs. Balee Sahay

ITEM NOS.18+63 COURT NO.3 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No. 34586/2023

(Arising out of impugned final judgment and order dated 11-01-2023 in WP(C) No. 1347/2022, 11059/2022 and 16525/2022 passed by the High Court of Delhi at New Delhi)

UNION OF INDIA Petitioner(s)

VERSUS

BIPIN KUMAR & ORS. ETC. Respondent(s)

(IA No.220964/2023-CONDONATION OF DELAY IN FILING and IA No.220967/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.220969/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS)

WITH

SLP(C) Diary No. 43812/2023 (XIV) (IA No.226508/2023-CONDONATION OF DELAY IN FILING and IA No.226503/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 03-11-2023 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s)

Mrs. Aishwarya Bhati, A.S.G. Mr. Apoorv Kurup, Adv. Mrs. Chitrangda Rastaravara, Adv. Mr. Akshit Pradhan, Adv. Mr. B.K. Satija, Adv. Mr. Arvind Kumar Sharma, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

**Issue notice and tag with SLP (C) No.14864/2023 titled "**Union

of India and Ors. vs. Pawan Kumar and Ors.".

Notice will be served by all modes, including dasti.

In the meanwhile, there will be stay of operation of the impugned judgment to the extent it directs that the Old Pension Scheme would be applicable to the para-military forces. We, however, clarify that the petitioners shall abide by the Office Memorandum no. 57/05/2021-P&PW(B) dated 03.03.2023 issued by the Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievances and Pensions, and to that extent, the operation of the impugned judgment has not been stayed.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR