Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 1601 - HC - Indian LawsRejection of claim of the petitioner for counting services rendered by him with the Auto Tractors Limited, for the purposes of calculating the qualifying service prescribed for pensionary purposes under the relevant rules. HELD THAT:- The government order dated 10.7.1998 relates to Central Government employees or employees of autonomous bodies of the Central Government seeking absorption in autonomous bodies under the State Government and the State Government employees seeking absorption in the Central Government or in the autonomous bodies of the Central Government, for the purposes of counting their services rendered under their erstwhile employer for the pensionary benefits. Admittedly the petitioner does not fall in the aforesaid category, as, there is nothing on record to indicate that the A.T.L. was an autonomous body of the Central Government. The petitioner admittedly was not a State Government employee prior to his absorption. Furthermore, the benefit mentioned in the said government order was available only if both the establishments were pensionable. Therefore, even assuming the applicability of the said government orders there is nothing on record to show that the services of the petitioner in the A.T.L. were pensionable. Moreover, the government order was subsequently clarified vide government order dated 28.12.2001 which has been impugned herein. It has been mentioned in the government order dated 28.12.2001 that the earlier government order dated 10.7.1998 was applicable only where pension scheme was applicable in the autonomous bodies referred therein, however, as, at some places in the said government order the word 'Corporation/Undertaking' has been used in place of autonomous bodies and considering the categorical policy of the Government of India that services rendered in a Corporation/Undertaking are not countable for the purposes of pensionary benefits, therefore, the government order dated 28.12.2001 on the same lines clarified its earlier order dated 10.7.1998 that the same shall be applicable only to autonomous bodies and not Corporations/Undertakings - Though the aforesaid government order, considering the subject matter referred hereinabove, do not apply to the case of the petitioner, but assuming their applicability there is nothing on record to show that the expenditures of the A.T.L. were entirely or more than 50% of its financial requirements were financed by the State Government. There is another reason for non-applicability of the said government orders to the case of the petitioner that is absorption herein was made under the Rules of 1991 framed under the proviso to Article 309 wherein there was no such provision for giving the benefit of services rendered in the A.T.L. to the petitioner as has been held by the division Bench in Ram Shanker Gupta's case [2015 (11) TMI 1888 - ALLAHABAD HIGH COURT]. The claim of the petitioner is without any factual or legal basis. The writ petition is accordingly dismissed.
|