Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consequential Benefits Bifurcation of the erstwhile State of Andhra Pradesh Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law – Consequential Benefits – Bifurcation of the erstwhile State of Andhra Pradesh – On 05.08.2015, GO issued by the Government of Andhra Pradesh raising the age of superannuation from 58 years to 60 years – By Resolution dated 18.06.2016, the Resolution dated 05.08.2015 was kept in abeyance – Challenged – High Court directed the government to consider the proposals submitted for enhancement of age of superannuation and take decision thereupon – Various SLPs filed – Tagged – Pending matters, the government gave in-principle approval for enhancement of the age of superannuation vide GO dated 27.06.2017 – GO dated 08.08.2017 issued by the government amended the GO dated 27.06.2017 stating that the orders shall come into force w.e.f 02.06.2014 – On 09.08.2017 while disposing of the appeals, Supreme Court ordered that all the employees who superannuated on account of attainment of age of 58 yrs on 02.06.2014 or thereafter are entitled to the protection of their service upto 60 years of age and to all ‘’consequential benefits’’ arising therefrom – Present contempt petitions filed submitting inter alia that in terms of the said order, “consequential benefits” must include all back wages even for the period the petitioners had not actually worked in their respective organizations – Held: After the policy decision was taken on 05.08.2015 to raise the age of superannuation from 58 years to 60 years that decision was kept in abeyance by Resolution dated 18.06.2016 – This was followed by GO dated 28.06.2016 which dealt with issues like how after re-induction of the employees pursuant to enhancement of age of superannuation, the period that the employees were out of employment, was to be dealt with – It was always in contemplation that if an employee had superannuated on attaining the age of 58 years and was thereafter re-inducted in service with superannuation age being 60 years, he would not be entitled to any salary or normal emoluments for the interregnum period or gap period, but would be entitled to certain notional benefits stipulated therein – GO dated 08.08.2017 modified the earlier decision dated 27.06.2017 to the extent it made such decisions prospective and gave retrospective effect from 02.06.2014 – However, the said GO did not in any way dilute the principles as to what would be the situation in case of interregnum period or gap period as was specifically dealt with in GO dated 28.06.2016 – Situation becomes clear by further instructions issued on 11.06.2018 which again referred to gap period – Benefit of enhancement of the age of superannuation from 58 years to 60 years came to be conferred under policy documents and finally by the GO dated 08.08.2017 – Source was in those policy documents and naturally the extent of benefits was also spelt out in those instruments issued by the Government – Mere expression “consequential benefits” would not entitle the concerned employees anything greater than what was contemplated in the policy documents issued by the State Government – No violation of the orders passed by Supreme Court – Every similarly situated employee would be entitled to the benefits conferred by policy documents but not for salary and other emoluments for the period they had not actually worked – Andhra Pradesh Public Employment (Regulation of age of superannuation) Act, 1984 – s.3 – Andhra Pradesh Tribal Welfare Resident Educational Institution Society Retirement Rules, 1999 – r.17 – Andhra Pradesh State Reorganization Act, 2014. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 331 |
Petitioner | K. Ananda Rao Etc. |
Respondent | Sri S.s. Rawat, Ias And Ors. Etc. |
SCR | [2019] 5 S.C.R. 287 |
Judgement Date | 2019-03-07 |
Case Number | 1045 |
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