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2024 Supreme(All) 948
IN THE HIGH COURT OF ALLAHABAD
Hon'ble J.J. Munir, J.
Parasnath Gupta – Petitioner
Versus
State of U.P. and others – Respondent
WRIT - A No. - 10088 of 2020
Decided On : 31-05-2024
Advocate Appeared:
For the Petitioner: Kunwar Bahadur Srivastava
For the Respondent: C.S.C.
IMPORTANT POINT
The court established that pension eligibility for employees in the Cooperative Collection Scheme is governed by specific rules, which do not provide for retroactive application, thereby denying pension to those who retired before the relevant rules were enacted.
Headnote:
PENSION - COOPERATIVE SERVICE - Uttar Pradesh Cooperative Societies Act, 1965; Uttar Pradesh Co-operative Collection Other Staff Service Rules, 2016; Uttar Pradesh Co-operative Collection Fund and Other Staff Service Rules, 2002 - The court analyzed the provisions of the Uttar Pradesh Cooperative Societies Act, particularly Sections 92-A and 92-B, which govern the appointment and service conditions of Amins and other staff. The court interpreted the Rules of 2002 and 2016, concluding that the petitioner, having retired before the enforcement of the Rules of 2016, was not entitled to pension. The court emphasized that the Rules of 2002 did not extend pension benefits to Clerks and Drivers, and the Rules of 2016 were not retroactive, thus influencing the decision to deny the petitioner's claim for pension.
Fact of the Case:
The petitioner, a former Cooperative Collection Amin and Junior Clerk, sought pension benefits after his retirement in 2015. His claim was rejected based on a circular stating that only employees retiring after the enforcement of the Rules of 2016 would be eligible for pension. The petitioner argued that his entire service should be considered for pension eligibility under the Rules of 2002 and 2016.
Finding of the Court:
The court found that the petitioner was not entitled to pension as he retired before the Rules of 2016 came into effect. The court held that the Rules of 2002 did not provide for pension for Clerks and other staff, and the Rules of 2016 were not applicable retroactively.
Issues: 1. Whether the Rules of 2002 provided for pension to Clerks and other staff in the Cooperative Collection Scheme. 2. Whether the Rules of 2016 could be applied retroactively to grant pension to employees who retired before their enforcement.
Ratio Decidendi: The court concluded that the Rules of 2002 did not extend pension benefits to Clerks and other staff, and the Rules of 2016, which provided for such benefits, were not retroactive. Therefore, the petitioner was not entitled to pension based on his service prior to the enforcement of the Rules of 2016.
Final Decision: The writ petition was dismissed, and the court ruled that the petitioner was not entitled to pension or any post-retirement benefits.
JUDGMENT :
Hon'ble J.J. Munir, J.
1. This writ petition is directed against an order dated 30.06.2020 passed by the Additional Chief Secretary, Department of Cooperatives, Government of Uttar Pradesh, Lucknow and a circular dated 22.04.2019 issued by the Commissioner and Registrar, Cooperatives, Uttar Pradesh, Lucknow. By the order of 30th June, 2020, the petitioner's claim for grant of pension, clubbing his services as a Cooperative Collection Amin and Junior Clerk (Collection) in the office of the Assistant Commissioner and Assistant Registrar, Cooperative Societies, Maharajganj, has been rejected.
2. The impugned circular issued by the Commissioner and Registrar, Cooperatives, Uttar Pradesh, Lucknow directs that other staff of the Cooperative Department, like Clerks and Drivers, would be entitled to the benefit of pension, reckoning their entire services, if they have superannuated after the enforcement of the Uttar Pradesh Co-operative Collection Other Staff Service Rules, 2016 (for short, 'the Rules of 2016'). The other staff, other than Kurk Amins, like Clerks, Drivers etc., who retired before enforcement of the Rules of 2016, would not be eligible for pension.
3. The petitioner was appointed on 25.04.1979 as an Amin on commission basis under the provisions carried in the circular of the Registrar, Cooperative Societies, U.P., Lucknow, bearing No.C-28/Adhikashan/ Bakaya, dated 3rd January, 1983. The District Magistrate, Gorakhpur by an order dated 18.07.1983 appointed the petitioner a Tehsil Level Cooperative Collection Amin in the pay-scale of 354-10-424-EB-10-454-12-514-EB-12- 550/-. Pursuant to the orders passed by the District Assistant Registrar, Cooperative Societies, Gorakhpur dated 19.07.1983, the petitioner was posted as a Tehsil Level Collection Amin at Tehsil Bansgaon, where the petitioner joined service on 22.07.1983. Later, in terms of an order No.3703-06/ Collection/ Establishment dated 11.08.1997, the petitioner was promoted to the post of a Junior Clerk (Collection) in the pay-scale of 950- 20-1150-EB-25-1500/- in the office of the Deputy Registrar, Cooperative Societies, U.P., Gorakhpur.
4. The petitioner claims that he worked on the post of Junior Clerk for 18 years 3 months and 5 days. Detailing his total service period, the petitioner claims that he functioned as a Tehsil Level Cooperative Collection Amin on regular basis from 18.07.1983 to 11.08.1997 and from 12.08.1997 onwards as a Junior Clerk (Collection) in the office of the Assistant Commissioner and Assistant Registrar, Cooperative Societies, Maharajganj, till his superannuation on 31.10.2015. He says that upon retirement, apart from the due arrears of salary to the tune of Rs.1,44,632/-, he was paid leave encashment worth Rs.3,00,470/- and gratuity in the sum of Rs.2,70,423/-, making an aggregate post retiral benefits of Rs.7,15,525/-. The petitioner did not receive any pension for 7 months after retirement.
5. The petitioner represented his cause to the Commissioner and Registrar, Cooperative Societies, Lucknow through registered post on 20.05.2016, but to no avail. There were repeat representations in this regard, of which mention is not necessary. Since, there was no action, the petitioner moved Writ Petition No.19156 of 2019 before this Court, in substance, claiming relief for the sanction of his retirement pension and revision of arrears of his salary, leave encashment dues, gratuity and pension in terms of his total period of service, clubbing all of it. The said writ petition was disposed of by this Court vide an order dated 16.12.2019, directing the Principal Secretary, Cooperatives, U.P., Lucknow to decide the petitioner's claim for payment of pension, after examining it, in accordance with the judgment dated 28.02.2018 passed in Writ Petition No.6349 (S/S) of 2018, within a period of three months from the date of presentation of a copy of the order made in that cause. The petitioner served a copy of the judgment along with a representation
