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2015 (11) TMI 1888 - HC - Indian LawsAbsorption of retrenched employees of Government or Public Corporations in Government Service - Calculation of the services of the absorbed employees rendered in the erstwhile department for the purpose of pensionary benefits - HELD THAT:- The provisions of Section 3 of the Rescission of Rules Act 2009 have obviously protected the interest of retrenched employees, who had not absorbed before 8 April, 2003 under the provisions of the Absorption Rules - Since Rescission Rules 2003 protected the benefit of pay granted to an absorbed retrenched employee prior to the date of commencement of Rescission Rules 2003 even after enforcement of Rescission Rules Act 2009, there is no reason to withdraw it. More so, the last salary drawn by the retrenched employees was also protected by means of Government Order dated 11 November 1993. The matter of protection of pay scale as last drawn by the retrenched employees was considered by the Hon'ble Supreme Court in the case of Chittaranjan Sharma v. State of Himachal Pradesh, reported in [1996 (9) TMI 663 - SUPREME COURT], whereby the Supreme Court directed to maintain the pay scales of the absorbed employees in the event of their retrenchment. This has been followed by the learned Single Judge. Therefore, the findings given by the learned Single Judge as well as the directions issued to the appellants to give the consequential benefits to the respondents do not deserve to be interfered with. Calculation of the services of the absorbed employees rendered in the erstwhile department for the purpose of pensionary benefits - HELD THAT:- The original petitioner has failed to produce any such rule, which would entitle him to claim the inclusion of his services rendered in the erstwhile undertaking for the purpose of pensionary benefits. The petitioner was retrenched from service of Auto Tractors Ltd., Pratapgarh. He was absorbed in the State Government service under the Absorption Rules 1991 in accordance with the terms and conditions provided therein. Absorption Rules 1991 do not contain any such provision as to calculate the period of service of the retrenched employee rendered in the erstwhile department for the purpose of pensionary benefits. Therefore, in the absence of a specific provision in the Rules, no such benefit can be provided by the Court. Appeal disposed off.
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