SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(Raj) 2345

MOHAMMAD RAFIQ
S. K. Khatri – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent


Advocates:
For the Petitioner:Vigyan Shah, Advocate.
For the Respondent:Shri Mukesh Kumar Verma, Advocate.

JUDGMENT

1. - This writ petition has been filed challenging the order dated 27/5/2003 whereby the respondents have refused to permit the petitioner to opt for the pension scheme promultaged by the respondents for their employees w.e.f. 1/4/1989.

2. Shri Vigyan Shah, learned counsel for the petitioner has argued that petitioner was a substantive employee of the respondent-Corporation and he was entitled to get pension in terms of RSRTC Employees Pension Regulations, 1989 (for short, "Pension Regulations of 1989") and GPF Rules, 1989 which was notified vide notification dated 2/1/1990. It so happened that petitioner was on deptuation with the police department from 1986 to 1997. The employees were required to indicate about the necessity for pensionary benefits of CPF. Clause (iii) of the notification however provides that if no such option is furnished within the stipulated time then, Pension Rules, 1989 and GPF Rules, 1989 would mutatus mutandi apply to the employee and such employee shall be deemed to have automatically opted for Pension and GPF under the said Rules. Learned counsel also referred to the subsequent Circular issued by the respondents on 8/2/1992 clause (ii) of which,







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top