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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
State Of Uttar Pradesh – Appellant
Versus
Dinesh Kumar Sharma – Respondent
JUDGMENT :
Augustine George Masih, J.
1. This appeal arises from the judgment and order dated 18.05.2016 passed by the High Court of Judicature at Allahabad, Lucknow Bench, whereby the respondents were held entitled to pensionary benefits under the "Antar Gramin Sadak Nirman Yojana" (hereinafter referred to as "the Scheme").
2. Respondents in this case were appointed under the Scheme to different posts between the years 1969 to 1982.
3. The Uttar Pradesh Cane (Gazetted) Service Rules, 1979, were applicable to the gazetted officers of the Cane Development Department, which in turn govern the service conditions of the respondents herein and no separate rules have been framed for them. They approached the High Court seeking regular pension on the same rates as were permissible to the permanent employees of the government.
4. The respondents were appointed under the aforesaid Scheme on a temporary basis and were governed by the Contributory Provident Fund (CPF) Scheme. A demand was raised by the employees for payment of gratuity and pension, etc., wherein a decision was taken on 29.09.1997 that the government had no objection to extending the benefit of pension, gratuity, leave travelling c
Pension – Pension is not a charity or a bounty and an employee is entitled to receive his pension – Where claim relates to a continuing wrong which does not affect rights of third parties, equities c....
Employees promoted prior to the New Pension Scheme cut-off date retain eligibility for the Old Pension Scheme, reflecting equitable treatment despite changes in pension policy.
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