Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Faridabad Complex (Regulation and Development) Act Note 1 1971 Punjab Civil Service Rules: Rule 3.16 Service Law: Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law-Pension-Appellants were employees of Municipal Corporation-Under the 1971 Act, they were entitled to Contributory Provident Fund which was paid-Appellants retired on various dates between 1976 and 1986, prior to introduction of the new pension scheme in 1992-Action of respondent-administration in denying appellants the benefit of pension under the new pension scheme-Validity of-Held, valid-The new pension scheme operated only prospectively-Besides, Note I to Rule 3.16 expressly excluded employees of Municipalities from application of new pension scheme-No violation of Article 14 or 19 of the Constitution-Punjab Civil Service Rule-Rule 3.16, Note 1-Faridabad Complex (Regulation and Development) Act, 1971. Constitution of India, 1950-Article 226-Earlier suit instituted by certain employees claiming pensionary benefits was decreed which attained finality, In subsequent writ proceedings, appellant claimed similar relief against the same employer-Doctrine of 'res judicata '-Applicability of-Held: Apart from the fact that the doctrine of res judicata does not stricto sensu apply to writ proceedings, it has no application to the facts of the case-Appellants were not 'parties' to the earlier suit, nor are they claiming through plaintiffs of that suit-That suit was also not filed as a 'representative' suit-Hence, decree in that suit cannot operate as res judicata-Code of Civil Procedure, 1908- Section II. Appellants were appointed by the Faridabad Development Board which was converted into Faridabad Notified Area Committee, later on renamed as Faridabad Complex Administration and finally as Faridabad Municipal Corporation. They retired from service on various dates between 1976 and 1986 and were entitled to Contributory Provident Fund which was paid to them under the Faridabad Complex (Regulation and Development) Act, 1971. However, the appellants filed writ petition before High Court for a declaration that they were entitled to pensionary benefits as admissible to employees of Haryana Govt. and for a writ of mandamus directing extension of such benefits to them. Single Judge of the High Court observed that since similar benefit was allowed to similarly situated persons in an earlier civil suit, which decree attained finality, the Appellants too were entitled to equal treatment and similar benefits. Accordingly it allowed the writ petition. The division Bench, however, held that the pension scheme was introduced only in 1992 and the appellants having superannuated prior to 1992 were not entitled to pensionary benefits under the scheme. The Division Bench further observed that the point was covered by the ratio of an earlier decision given by it and accordingly set aside the order of the Single Judge. Hence, the present appeals. The questions which arose for consideration in the present appeals is as to whether the decree passed in the earlier civil suit operated as res judicata and whether the appellants were entitled to pension as claimed by them. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2005 INSC 231 |
Petitioner | Hari Chand And Ors. |
Respondent | Faridabad Complex Administration And Ors. |
SCR | [2005] 3 S.C.R. 903 |
Judgement Date | 2005-04-26 |
Case Number | 2845 |
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