SECTION IV-B

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) DIARY No. 2115 OF 2023

WITH PRAYER FOR INTERIM RELIEF

WITH

I.A NO. 31280/2023 (APPLICATION FOR CONDONATION OF DELAY IN FILING SLP)

Process Id: 1298/2023

OFFICE REPORT

The matter above mentioned was listed before the Hon'ble Court, on 20.02.2023, when the Court was pleased to pass the following order:

" Heard Mr. Zeeshan Diwan, learned Counsel appearing for the petitioner. 

The counsel would submit that the New Pension Scheme came into effect from 26.04.2004 and although the petitioner was regularized in service thereaftrer on 27.07.2011, he should have been considered for pension under the Old Pension Scheme i.e. CCS (Pension) Rules, 1972 inasmuch as such benefits were granted, in principle, to similarly situated Motor Lorry Drivers in CPWD. It is submitted further that since in principle relief was granted, only because the petitioner'™s was a case of delayed approach, relief should not have been withheld from him particularly when, from 1990 to 2011, he had no occasion to make any contribution from his salary under the New Pension Scheme. This was the period when contribution under the New Pension Scheme were to be made by the concerned employee. 

Issue notice on the Special Leave Petition as also on the application for condonation of delay."

Accordingly show cause notice to all the 04 respondents was issued through Regd. A.D. post. Mr. Amrish Kumar, Advocate has filed vakalatnama on behalf of all the 04 respondents but has not filed counter affidavit so far.

Service of notice is complete.

The matter above mentioned was lastly listed before the Ld. Registrar's Court, on 16.05.2023, when the Court was pleased to pass the following order:

" Four weeks time, as last chance is granted to respondent nos. 1 to 4, to file counter affidavit.

After expiry of the said period, the matter be processed for listing before the Hon'ble Court, as per rules."

The Petition above-mentioned is listed before the Hon'ble Court with this Office Report.

Dated : October 17, 2023

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