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SANJAY KISHAN KAUL, ABHAY S. OKA, VIKRAM NATH
State of U. P. – Appellant
Versus
Virendra Kumar – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. On 10th February 2020, for the reasons recorded, a Bench of two Hon’ble judges of this Court came to the conclusion that the view taken by this Court in the case of State of Uttar Pradesh v. Preetam Singh & Ors., 2014 (15) SCC 774 (Preetam Singh’s case) needs reconsideration. Under Section 3 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (for short ‘the 1965 Act’), Uttar Pradesh Avas Evam Vikas Parishad (for short ‘the Board’) was established. The basic object of the establishment of the Board was of framing and executing housing and improvement schemes in the State of Uttar Pradesh. The core issue on which the reference is made to a larger Bench is whether the act of determining service conditions of the employees and officers of the Board is one of the statutory functions of the Board.
FACTUAL ASPECTS
2. On 21st February 1995, the Board resolved to extend the pensionary benefits to its employees by replacing the existing Contributory Pension Scheme (for short ‘the old pension scheme’) with a pension/family pension/gratuity scheme (fo
Power to control appointment and power to put restrictions are distinct and different from power to determine service conditions of officers and servants of Board.
Pension entitlement derives from clearly established regulations, and claims based on superseded orders are invalid, reinforcing that pension is a right subject to existing service conditions.
(1) Pension is a right and not a bounty – It is a constitutional right for which an employee is entitled on his superannuation – However, pension can be claimed only when it is permissible under rele....
The power to regulate conditions of service under the Act is legislative in nature, allowing unilateral modification without employee consent or fair hearing.
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