HRISHIKESH ROY, PRASHANT KUMAR MISHRA
UP Roadways Retired Officials And Officers Association – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Prashant Kumar Mishra, J.
Delay condoned in filing SLP(C) Diary No. 10240 of 2020 and leave granted.
2. Abatement is set aside and applications for substitution are allowed. Application(s) for intervention is allowed.
3. By this common judgment a batch of civil appeals arising out of the common order passed by the High Court of Judicature at Allahabad in different writ applications and special appeals is disposed of.
4. Civil Appeal No. 894 of 2020 preferred by UP Roadways Retired Officials and Officers Association is taken as the lead case.
CIVIL APPEAL NO. 894 OF 2020
5. In this civil appeal challenge is to the common order dated 24.11.2016 passed by the High Court in Special Appeal No. 685 of 2014 and other connected matters which in turn arose out of common order passed by the learned Single Judge of the High Court on 07.07.2014 in Writ Application No. 63469 of 2012 (Suresh Chandra vs. State of U.P. through Secretary & Ors.) and 51 connected writ applications. The learned Single Judge as well as the Division Bench, under the impugned judgment have dismissed the special appeals and writ applications holding that the appellants/petitioners do not hold the pensionable post and
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(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....
Pension entitlement derives from clearly established regulations, and claims based on superseded orders are invalid, reinforcing that pension is a right subject to existing service conditions.
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....
A petitioner is not entitled to pension as his accumulated service does not meet the required 10 years qualifying service, reaffirming the pension rules limiting recognition of temporary service to 5....
The main legal point established in the judgment is the strict interpretation of the statutory provision under sub-rule (6) of Rule 18 of the OCS (Pension) Rules, 1992, and the court's direction for ....
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