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VIJAY BISHNOI, SUMAN SHYAM
Assam Power Generation Corporation Limited – Appellant
Versus
Mukut Das, S/o. Late Madhab Chandra Das – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
Heard Mr. H.K. Das, learned counsel for the appellants in both the writ appeals. Also heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. J. Patowary, learned counsel for the respondent No.1 in Writ Appeal No.107/2023; Mr. S. Muktar, learned counsel for the respondent No.1 in Writ Appeal No.272/2023 and Mr. B. Das, learned Standing Counsel, APDCL.
2. These 2(two) writ appeals have been preferred by the appellants being aggrieved by the judgment & orders dated 03.11.2022 passed in WP(C) No.1607/2020 and dated 16.06.2023 passed in WP(C) No.3446/2023. Judgment & Order dated 16.06.2023 in WP(C) No.3446/2023 has been passed by the learned Single Judge while relying on the judgment & order dated 03.11.2022 passed in WP(C) No.1607/2020.
3. The brief facts of the case are that the private respondents in both these writ appeals had retired from the posts of General Manager in the Assam Power General Corporation Limited (hereinafter to be referred as “APGCL”) on attaining the age of superannuation on 31.03.2016. After their retirement, entitlements of the private respondents like, pension, Commuted Value of Pension (CVP), Retirement Gratuity, Family P
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....
An employee who retires on the last day of the month in which they attain superannuation acquires the status of pensioner only on the following day, thus affecting the applicability of pension rules.
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.
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.
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 main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
The reasonableness of the cut-off date for pension revision and the absence of unreasonableness in the respondent corporation's actions in fixing the cut-off date were the central legal points establ....
The court established that pension fixation must comply with the relevant Office Memorandums and rules, affirming that pension is a right and must be calculated based on the correct interpretation of....
The distinction between retired employees and employees in service in the context of notional pay fixation and pension revision.
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