Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law - Pension - Belated application for grant ofopportunity to opt for pension scheme, after expiry of cut offdate - Maintainability - Held: If an aggneved retiree seeksintervention of the Court for issue of direction to the employerto give him opportunity to exercise option to switch over fromone scheme to the other, the employer can produce evidenceto show that the concerned employee had knowledge aboutthe particular scheme etc - The employer can also show thateven though the scheme etc. had not been communicatedto the concerned employee in person, he was aware of thesame - It cannot be laid down as a general rule that each andevery circular/instruction issued by the employer givingadditional monetary benefits to retired employees must bepublished in the newspapers and absence of such publicationor personal communication to a retired employee would entitlehim to seek intervention of the Court after lapse of many years- In the instant case, at the time of introduction of the PensionScheme, respondent No. 1 was very much in service ofappellant no.1-Port Trust as a Class-I officer - Relevantcirculars pertaining to Pension scheme were also issuedduring his service tenure - Therefore, it is not possible for anyperson of ordinary prudence to believe that respondent No. 1was not aware of the Pension Scheme and the opportunitiesgiven to the retired employees/officers to exercise option toswitch over from the CPF Scheme to the Pension Scheme -Story put forth by respondent No. 1 of having acquiredknowledge about the circulars issued in 1984 and 1986 from his friend/colleague rightly discarded by the Single Judge -Failure of respondent No. 1 to disclose the name of theconcerned friend/colleague adequately supports the inferencedrawn by the Single Judge - Division Bench of the High Courtcommitted serious error in interfering with the order of theSingle Judge by entertaining the highly belated claim lodgedby respondept no. 1 in the year 2001 - However, keeping inview the peculiar facts of the case, appellants directed to allowrespondent No. 1 to exercise option in terms of circular dated19.2.1986. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 757 |
Petitioner | The Calcutta Port Trust And Others |
Respondent | Anadi Kumar Das (capt.) And Others |
SCR | [2013] 12 S.C.R. 862 |
Judgement Date | 2013-11-13 |
Case Number | 7148 |
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