| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Service Law |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | General Insurance Business (nationalisation) Act, 1972 (57 of 1972) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Service Law – Voluntary Retirement – Appellant-ex-employeesof the respondent Insurance Companies went out of service takingadvantage of the General Insurance Employees’ Special VoluntaryRetirement Scheme, 2004 (SVRS-2004 Scheme) – Appellantscontended that they were also entitled to claim benefits under theearlier scheme known as the General Insurance (Employees)Pension Scheme, 1995, which inter alia provided that qualifyingservice of an employee, retiring under 1995 scheme, would beincreased by a period not exceeding 5 years, subject to certainconditions – Held: The SVRS-2004 Scheme specifically excludedthe benefit of additional 5 years’ service of the 1995 Scheme forpurpose of determining the quantum of pension and commutationof pension to such employees who availed retirement under the SVRS-2004 Scheme – The SVRS scheme being a Scheme u/s.17-A of theGeneral Insurance Business (Nationalisation) Act, 1972, it was notappropriate to add or subtract terms from the Scheme, which has astatutory flavour – Thus, such statutory or contractual voluntaryretirement schemes as the SVRS-2004 Scheme have to be strictlyadhered to, and the very objective of having such Schemes wouldbe defeated, if parts of other schemes are sought to be importedinto such voluntary retirement schemes – General Insurance Business(Nationalisation) Act, 1972 – s.17-A. |
| Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
| Neutral Citation | 2018 INSC 1001 |
| Petitioner | National Insurance Special Voluntary Retired/ Retired Employees Association & Anr. |
| Respondent | United India Insurance Co. Ltd. & Anr. |
| SCR | [2018] 12 S.C.R. 642 |
| Judgement Date | 2018-10-26 |
| Case Number | 10775 |
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