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1998 Supreme(SC) 375

A.P.MISRA, K.VENKATASWAMI
Dhan Raj – Appellant
Versus
State Of J & K – Respondent


Judgment

Misra, J.-The short question for consideration is, whether the appel­lants, who were all drivers and conductors in the Jammu and Kashmir State Road Transport Corporation, are entitled to the pensionary benefits in terms of Government order dated 3rd October, 1986 when they retired from service of the Corporation prior to 9th June, 1981.

2. In the year 1947, the Government Transport Undertaking (hereinafter referred to as ‘Undertaking’) was formed in the State of Jammu and Kashmir to render transport services to its people. The appellants were employed as drivers and conductors from the year 1950 onwards. Initially, they were in service with the aforesaid Undertaking and later with the Road Transport Corporation (hereinafter referred to as ‘Corporation’). This Corporation was formed in the year 1976. All the appellants served in the State organisations for various terms ranging from 30 to 40 years. On 9th April, 1969 the State Undertaking was made a permanent department of the State Government. On 1st September, 1976, the aforesaid Corporation was formed in terms of State Road Transport Corporation Act, 1950, which was made applicable to the State of Jammu and Kashmir by vi


























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