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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE SAMEER JAIN, J
Sharwan Lal S/o Shri Visraam – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent
Judgment :
1. The present petition is filed by the petitioner assailing the impugned order dated 22.10.2019, whereby the order qua payment of pension was cancelled for the reason that period of services rendered by the petitioner is less than 10 years.
2. Learned counsel for the petitioner has submitted that the petitioner was appointed to the post of Conductor in the Year 1985 and regularized in the Year 1986.
3. It is further submitted that on account of allegations qua negligence whilst rendering services, respondents terminated the petitioner from the services in the Year 1999. Subsequently, the petitioner challenged the said termination order before the learned Labour Court-1, Jaipur, wherein, learned Labour Court by virtue of order dated 24.09.2015 substituted the termination with compulsory retirement along with all due benefits (Annexue-6).
4. Consequently, the said order passed by learned Labour Court was challenged by the respondents before the High Court, wherein, High Court vide judgment dated 17.11.2016 in SBCWP No. 9558/2016 titled as Deputy General Manager vs. RSRTC and Ors., dismissed the petition and affirmed the decision passed by learned Labour Court.
5. Additionally,
Pension benefits cannot be denied based on alleged service disruption unless expressly stated; periods of suspension should not be counted against eligibility.
The absence of a specific declaration regarding the exclusion of suspension periods mandates their inclusion in calculating qualifying service for pension eligibility under CCS Pension Rules.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The main legal point established in the judgment is that the reduction in pension should be considered by the authority imposing the penalty at the time of imposition, and failure to do so would amou....
The court established that administrative errors should not deprive an employee of pension benefits, emphasizing the importance of proper management of service records.
The court upheld the principle that an employee's reinstatement and continuity of service must be recognized for pension calculations, as affirmed by the Labour Court and High Court decisions.
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....
Compulsory retirement is not a punishment and serves public interest by weeding out ineffective employees, validated by a consistent record of penalties.
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