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2021 Supreme(All) 749

DEVENDRA KUMAR UPADHYAYA, AJAI KUMAR SRIVASTAVA I
U. P. State Road Transport Corporation – Appellant
Versus
Shubhash Chandra Gautam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ratnesh Chandra.
For the Respondent: Ghaus Beg.

JUDGMENT :

1. These special appeals filed by the appellant-U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) raise similar questions of law and facts and are therefore being decided by the common judgment, which follows as under:

    Special Appeals No. 177 of 2019 and 178 of 2019 assail the judgment and order dated 22.02.2019 passed by Hon’ble Single Judge whereby Writ Petition Nos. 385 (SB) of 2014 and Writ Petition No. 728 (SB) of 2014 were allowed, the orders dated 05.12.2013 and 19.02.2013 whereby the benefit of departmental pension to the petitioners of the said writ petition was denied, have been quashed and a portion of circular dated 25.10.2012 issued by the Corporation sofar as it excludes the employees getting the benefit of pension under the EPF Pension Scheme from being paid the departmental pension, has also been quashed. Learned Single Judge, accordingly, while allowing the writ petitions by the said judgment dated 22.02.2019 has further directed the Corporation to fix the pension of the petitioners and make payment thereof after adjusting the amount of employer’s share in the EPF Pension Scheme which had been received by the petitioners. T

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