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SANJEEV KUMAR, PUNEET GUPTA
UT of J&K, Th. Chief Secretary, Govt. of J&K, Jammu – Appellant
Versus
Balwan Singh S/o. Rattan Singh – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This appeal clause 12 of the Letters Patent is directed against judgment dated 31.12.2008 passed by a learned Single Judge of this Court [“the Writ Court”] in SWP No. 141/2014 titled Balwan Singh and others vs. State of Jammu and Kashmir whereby the wit petition filed by the respondents No. 1 to 12 herein [“the writ petitioners”] has been allowed with a direction to the appellants herein to count the services rendered by the writ petitioners in the Society for the purpose of pensionary benefits only.
2. Before we advert to the grounds of challenge urged by Mr. Gupta, AAG appearing for the appellants, we deem it appropriate to give brief resume of factual antecedents leading to filing of this appeal.
3. The writ petitioners were the permanent employees holding different posts carrying different pay scales in the Rural Electric Cooperative Society Limited, Vijaypur (Samba) [“the Society”]. The Government of Jammu and Kashmir was a major shareholder/member of the Society. In the year 1997, the appellants vide Government Order No. 382-PDD of 1997 dated 16.02.1997 wound up and dissolved the Society which was established under Government Order No. 52-PDD of 19
The Government's intention, as per the Government Order, was clear in favor of providing the benefit of counting the past service rendered by the writ petitioners in the Society towards qualifying se....
All absorbed employees are entitled to pension from the date of absorption, while service rendered prior to that is not counted towards qualifying service.
Employees directly recruited by a corporation under non-pensionable regulations are not entitled to pensionary benefits, even if they claim parity with employees of a predecessor government entity wh....
Retrospective amendments to pension rules cannot divest vested rights of retired employees regarding pension calculations.
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
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