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J. J. MUNIR
Ram Kishore Awasthi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
J.J. Munir, J.
1. Can there be a government servant appointed in accordance with rules against a sanctioned post, but remunerated otherwise than by a monthly salary, say a commission on the revenues that he collects for the Government? The further question involved is: Would a Kurk Amin, part of the cadre of Kurk Amin under Rule 2(d) of the Uttar Pradesh Co-operative Collection Fund and the Amins and Other Staff Service Rules, 2002, as amended by the Third Amendment Rules, 2005, appointed on commission basis, as distinguished from salary, be entitled to pension, gratuity, leave encashment and other post retiral benefits, like the other class of Kurk Amin appointed under the same Rules, but on a salary?
2. This writ petition has been instituted by Ram Kishore Awasthi, a Kurk Amin under the Cooperative Collection Scheme working on commission basis, since retired, praying that a mandamus be issued to the respondents to pay him salary, other consequential benefits and pension in terms calculated by the Assistant Commissioner & Assistant Registrar, Cooperatives, Shahjahanpur vide calculation chart dated 13.04.2016. The petitioner prays for the issue of a further writ, order or d
Kurk Amins appointed on commission basis are civil servants but not entitled to salary or benefits unless absorbed into salaried positions.
The withdrawal of benefits without complying with the principle of natural justice is void, and the court emphasized the recommendation made by the High Court and the Justice Shetty Commission.
Point of Law : Clause (e) of Rule 56 unequivocally recognizes, declares and guarantees retiring pension to every Government servant who retires on attaining the age of superannuation, or who is prema....
Rule 31 of Assam Services Pension Rule, 1969 entitles a person for pension when service is under Government, secondly, employment is substantive and permanent and thirdly, servant must be paid by Gov....
Employees of cooperative societies cannot be classified as Railway servants, as they operate under the cooperative law without Railway administrative control, thus not entitled to benefits reserved f....
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