Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | _Service Law : Retiral benefits |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | _Service Law : Retiral benefits — Claim for pension instead of Contributory Provident Fund (CPF) — Validity — Respondents, government employees transferred to Corporation — In terms of the then prevailing regulation, Corporation provided only for CPF and not pension — Respondents on retirement obtained such retire benefits, without any protest — However, when Corporation introduced pension in 1992 respondents claimed entitlement to pension — Held: The respondents participated and contributed to the scheme of CPF and obtained the benefits of retirement from the _ Corporation, without any protest — If the employees chose to accept the transition of their service from one concern to another and acquiesced then they cannot be permitted to turn back and challenge the entire developments after a gap of decades especially after their retirement — Respondents had accepted to continue as employees of Corporation pursuant to order of merger/transfer, therefore, on completing their service under the Corporation and reaching the age of retirement they were entitled to receive only the benefits of CPF and gratuity — Since they accepted those retiral benefits, there was no relationship left between the Corporation and the respondents and in such a situation further claim was totally untenable.D.R. Gurushantappa v. Abdul Khuddus Anwar and Ors. 1969 (3) SCR 425 : 1969 (1) SCC 466 — followed.Mysore State Road Transport Corporation v. A. Krishna Rao and Anr. 1973(1) SLR 1080; PEPSU Road Transport Corporation, Patiala v. Mangal Singh and Ors. 2011 (6) SCR 564 : 2011 (11) SCC 702 — referred to. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 578 |
Petitioner | Pepsu Road Transport Corporation, Patiala Through Its Managing Director & Anr. |
Respondent | S. K. Sharma & Ors. |
SCR | [2016] 4 S.C.R. 24 |
Judgement Date | 2016-08-08 |
Case Number | 4703 |
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