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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.Supehia, R.T.Vachhani
Rameshbhai Bachubhai Pandya – Appellant
Versus
Bhavnagar Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. background of the case and factual context. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5) |
| 3. court's observations on procedure and facts. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. ratio decidendi on the claim for pension. (Para 12 , 13 , 16) |
| 5. final conclusion and directions. (Para 17 , 18) |
JUDGMENT :
A.S. SUPEHIA, J.
1. The present LPA is directed against the order dated 15/10/2014 passed by the learned Single Judge rejecting the writ petition being SCA No.10721 of 2013 filed by the father of the applicants-deceased writ petitioner. During the pendency of the present appeal, the appellant- original writ petitioner has passed away hence, the appeal is pursued by his legal heirs.
2. The writ petitioner was seeking directions on the respondent – Corporation to accept the option exercised by the him to avail the pension under the Pension Scheme introduced vide Government Resolution dated 24/08/1994. However, the respondent–Corporation has denied the request of the deceased–employee for the reason that he cannot be allowed to exercise the option at this stage, as he was dismissed from service.
3. The facts, which are established from the pleadings are that th
Pension claims cannot be denied based on prior dismissal when an employee is reinstated; continuity of service permits pension eligibility regardless of previous benefits accepted.
A pension is a right under constitutional law, and its claim can be waived if alternative benefits are accepted, as evidenced in this case by the employee's adoption of the EPF Scheme.
The main legal point established in the judgment is that once an employee exercises an option in accordance with the applicable regulations, the employer is obligated to give effect to the option and....
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
Pension – For any fault on part of Corporation, employees cannot be made to suffer.
Cutoff date for pension upon switch from provident fund, denying pre-cutoff arrears, is not arbitrary or discriminatory due to prior opt-out opportunities, financial burden, and scheme as policy pack....
Employees retiring on medical grounds are entitled to pension options under applicable circulars, provided they have completed the requisite service and did not voluntarily resign.
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