Service Law – Claim to count past services for the purpose of selection grade, promotional scale and post retiral benefits including pension – Post of Kurk Amins – It was held by High Court of Allahabad on 16.11.1985 in a case that Kurk Amins were government servants holding civil posts and were entitled to be treated in the same way as others in the services of Government of U.P. – This view was confirmed in another judgment of High Court wherein it was held that Kurk Amins appointed on commission basis stood on the same footing as Kurk Amins appointed on regular basis – The said order was upheld by Supreme court in Chandra Prakash case – Thus, Kurk Amins’ status was confirmed by Supreme Court with effect from 1985 as that of the government servant – With effect from 9.11.2000, the erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved out the State of Uttarakhand – Many Kurk Amins including appellants were allocated to the State of Uttarakhand and were absorbed in the Government service of Uttarakhand – The benefit of the judgment rendered by Supreme Court as well as by the High Court of Allahabad was clearly available to the Kurk Amins whose services had been allocated to the State of Uttarakhand and their past service could not have been wiped off for the purposes of grant of selection grade, promotion scale, post retiral benefits including pension etc. as was done by the High Court – The impugned judgment whereby the claim of appellant was denied was not in accordance with law and was against the basic principles of service jurisprudence as merely by the act of bifurcation of the State the incumbents would not lose their services for the purpose of pension and other benefits – The appellants are held entitled to all such relief – Cost of Rs.1 lac imposed on State of Uttarakhand – U.P. Reorganization Act – Costs. Allowing the appeals, the Court
HELD: 1. It is apparent that the Kurk Amins’ status was confirmed by this Court with effect from 1985 as that of the government servant. The erstwhile State of U.P. was bifurcated and U.P. Re-Organisation Act carved the State of Uttarakhand out with effect from 9.11.2000. Many Kurk Amins including appellants were allocated to the State of Uttarakhand and were absorbed in the Government service of Uttarakhand. As uncertainty prevailed, Kurk Amins filed writ application before the High Court of Uttarakhand to seek relief with effect from 16.11.1985. Their case was that they should be governed by the decision rendered by this Court earlier in the matter. Single Bench of Uttarakhand High Court allowed the writ petition vide order dated 31.8.2006; against which writ appeal was filed by the State of Uttarakhand was decided by the Division Bench on 14.9.2010.[Paras 13, 14][277-H; 278-A-C]
2. The Division Bench of the High Court had clearly opined that the benefit of Chandra Prakash Pandey’s case should not be denied to the appellants as they sail on the same boat. However, in para 7 it was observed by the Division Bench that they would be entitled to the consequential benefits with effect from 9th November 2000 and not with effect from 16th November 1985. That would not have meant that their earlier services were to be wiped off; it was only with respect to monetary liability not to be saddled upon the State of Uttarakhand with respect to the period 1985 till the appointed date i.e. 9.11.2000. [Paras 15, 16][279-BD]
3. Once State has been reorganised, the past service of Kurk Amins could not have been wiped off and the benefit of the judgment rendered by this Court as well as by the High Court of Allahabad was clearly available to the said Kurk Amins whose services had been allocated to the State of Uttarakhand. The services rendered in the State of U.P. could not have been wiped off for the purposes of grant of selection grade, promotion scale, post retiral benefits including pension etc. as has been done by the High Court. The judgment is not in accordance with law and just benefit has been taken away for no good reason and is against the basic principles of service jurisprudence and merely by the act of bifurcation of the State the incumbents were not supposed to lose their services for the purpose of pensionary and other benefits. Thus, the past services have to be counted for all purposes and cannot be wiped off including for the purpose of selection grade promotional scale, post retiral benefits and pension. The appellants are held entitled to all such relief as were granted to them by the Single Bench. Let the benefit be extended to all the other similarly situated incumbents also, they should not be dragged to any further litigation. [Para 19][280-D-G]
4. As the action of the State of Uttarakhand was found to be wholly untenable, cost quantified at Rs.1,00,000/- is imposed. [Para 20][280-G]
State of U.P. & Ors. v. Chandra Prakash Pandey & Ors (2001) 4 SCC 78 : [2001] 2 SCR 506 – relied on
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.