Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Pension - Entitlement to - Suit by employee of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Pension - Entitlement to - Suit by employee of the appellant-Corporation for declaration that he was entitled to pension, commuted pension and other benefits as per Regulations, 1992 - Trial court decreed the suit - Decree confirmed in first as well as in second appeal - On appeal, held: The 1992 Regulations were applicable to the employee who were working immediately before the date of issue of Regulations, only if the employee opted for the Regulations within a period of six months - On non-exercise of option, employee is deemed to continue in the existing CPF scheme - Exercise of option was not dependent on personal service o,f' notice - The employee-plaintiff having not exercised the option and further having received CPF benefits on his retirement without any protest, he cannot be allowed benefit of pension under the 1992 Regulations - Employee cannot be granted double benefit (i.e. CPF as well as Pension) -PEPSU Road Transport Corporation Employees Gratuity and General Provident Fund Regulations, 1992 |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 13 |
Petitioner | Pepsu Road Transport Corporation, Patiala |
Respondent | Amandeep Singh & Ors. |
SCR | [2017] 1 S.C.R. 37 |
Judgement Date | 2017-01-03 |
Case Number | 3842 |
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