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WASIM SADIQ NARGAL, SANJEEV KUMAR
UT of J&K – Appellant
Versus
All J&K Workers Union SRTC – Respondent
JUDGMENT :
Sanjeev Kumar, J.
LPA No. 39/2021
1. This intra-Court Appeal by the Union Territory of J&K is directed against the judgment dated 27.01.2021 passed by the learned Single Judge ['the Writ Court'] in SWP No. 1148/2016 titled 'All J&K Workers Union SRTC v. State of J&K & Ors'.
2. Before we advert to the grounds of challenge urged by Mr. A Haqani learned Senior Advocate in support of the appeal, we find it appropriate to give brief resume of the factual antecedents leading to the filing of this appeal.
3. The respondent-Association of Road Transport employees [writ petitioners] filed a writ petition claiming, inter alia, a direction in the nature of mandamus to the appellants herein to treat them as Government employees and consequently hold them entitled to all retiral benefits available to the Government employees of the UT of J&K and those extended to the similarly situate employees of erstwhile Government Transport Undertaking [GTU]. The writ petitioners also sought the relief prayed for in the writ petition on the analogy of employees of JK Industries. The case projected by the writ petitioners before the Writ Court was predicated on the following factual matrix.
4. The publi
Employees of government transport undertaking opting for corporation service while retaining pensionary benefits are deemed corporation employees and governed by corporation rules for pay, allowances....
Pension entitlement derives from clearly established regulations, and claims based on superseded orders are invalid, reinforcing that pension is a right subject to existing service conditions.
(1) Pension is a right and not a bounty – It is a constitutional right for which an employee is entitled on his superannuation – However, pension can be claimed only when it is permissible under rele....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
The main legal point established in the judgment is that ex-employees, initially government servants, are entitled to pensionary and retiral benefits as government servants, in accordance with releva....
The main legal point established in the judgment is that the appellants were entitled to the benefits of the Pension Regulations of 2002, and the denial of rights was not based on their failure to ex....
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