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MANISH CHOUDHURY
Mukut Das, S/O- Lt. Madhab Chandra Das – Appellant
Versus
Assam Power Generation Corporation Ltd. – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE MANISH CHOUDHURY
The petitioner has instituted this writ petition under Article 226 of the Constitution of India raising a grievance that his pension and other retirement benefits in the form of - [i] Commuted Value of Pension [C.V.P.]; [ii] Death –cum- Retirement Gratuity [DCRG]; and [iii] Leave Encashment Benefits – have not been disbursed in terms of his entitlements under the Assam State Electricity Board [ASEB] and Successors Companies, Revised Pay Rules, 2017.
2. The case projected by the petitioner in the writ petition, in brief, is that the Assam State Electricity Board [ASEB] was established in 1958 under the Electricity [Supply] Act, 1948. The ASEB used to manage generation, transmission and distribution of powers in the State of Assam as per the duties defined under the Electricity [Supply] Act, 1948. A process of reform was carried out and the ASEB was trifurcated into three new entities viz. [i] Assam Power Generation Corporation Limited [APGCL]; [ii] Assam Electricity Grid Corporation Limited [AEGCL]; and [iii] Assam Power Distribution Company Limited [APDCL]. All the new entities are State Public Sector Enterprises and are inter-alia gover
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 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....
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 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....
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