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(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Pension - Respondents-employees of appellant-State Road Transport Corporation - Held: Not eligible to claim pensionary benefits under the Pension Scheme in view of non-compliance with the essential conditions stipulated in the Regulations governing the Pension Scheme - Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989 - Clause 3.The respondents-employees of the appellant Corporation retired from service and were paid Contributory Provident Fund (CPF) including the share of employer's contribution. Subsequently, the Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989 came into force in terms whereof option was given to the existing employees as well as those employees who retired before coming into force of these Regulations. However, before acceptance of option and grant of benefit, condition was placed on the employees to refund the employer's share of CPF with interest. The respondents- employees exercised their option in favour of the pension scheme under the Regulations, but did not deposit the amount of employer's share of CPF with interest in lumpsum within the stipulated time. Consequently, their claim for grant of pensionary benefit was rejected by the appellant Corporation. Writ petitions were filed against the decision of the Corporation: The High Court directed the Corporation to accept the option submitted by the respondents-employees with regard to grant of pension and to allow the same to them by deducting the amount of excess provident fund with interest. The question involved in the present appeals was: Whether the employees of the appellant-Rajasthan State Road Transport Corporation are eligible to claim pensionary benefits under the Pension Scheme in view of the non-compliance with the essential conditions stipulated in the Regulations which govern the said Pension Scheme |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 289 |
Petitioner | Rajasthan State Road Transport Corporation & Others |
Respondent | Madu Giri (dead) Through Lrs. & Anr. |
SCR | [2013] 3 S.C.R. 464 |
Judgement Date | 2013-04-26 |
Case Number | 5274 |
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