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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Mukut Das – Appellant
Versus
Assam Power Generation Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. retirement date extension under fr 56(a) (Para 2 , 3) |
| 2. arguments regarding applicability of rules of 2017 (Para 5 , 6) |
| 3. legal interpretation of retirement dates in previous cases (Para 8 , 9 , 10) |
| 4. date of retirement considered as working day (Para 11 , 14 , 16) |
| 5. entitlement to pay revision under rules of 2017 (Para 17 , 18) |
| 6. final order and directions for compliance (Para 19 , 20) |
ORDER :
K. VINOD CHANDRAN, J.
Leave granted.
2. The short controversy in the above appeals is as to whether the appellants, who retired on 31.03.2016 are entitled to the revision as brought in by the ‘ Assam State Electricity Board and its Successor Companies Revised Pay Rules , 2017’1[for short, ‘the Rules of 2017’]. Both the appellants were superannuated in March 2016, they having reached the age of superannuation, 60 years, before the last day in March 2016. By virtue of Fundamental Rule 56(a), their date of retirement from service is extended to the afternoon of the last day of the month in which the employee attains the age of 60 years; thus, both the appellants retired on 31.12.2016.
3. The learned Single Judge before whom the Writ Petition was filed, looking at the Rules of 201
Employees who were in service on the effective date of revised pay rules are entitled to the benefits regardless of their technical retirement status, as per the interpretation of applicable rules.
Employees who retire before the implementation of revised pay rules cannot claim benefits under those rules; their entitlements must be determined according to the provisions applicable at the time o....
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
Fixed age of retirement established at the time of appointment cannot be altered to the detriment of employees, and any amendments operate prospectively.
Point of law: The expression 'emoluments' means basic pay as defined in Rule 9(21) (a)(i) of the Fundamental Rules which a Government servant was receiving immediately before his retirement or on the....
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
The fixed age of retirement established at the time of employment cannot be altered to the detriment of employees, and any amendments must operate prospectively.
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