Road Transport Corporation Act, 1950 – U.P. Civil Service Regulations – Article 350 – Roadways (Abolition of Post and Absorption of Employees) Rules, 1982 – Road Transport Corporation Employees (other than officers) Service Regulations, 1981 – Regulations 4, 39 – U.P. State Road Transport Corporation Employees (other than Officers) Service Regulations, 1981 – Pension – When not entitled to – Appellants, if held pensionable posts and thus, entitled for receiving pension:
Held: No – Appellants are not entitled to pension as per GO dated 28.10.1960 as they were neither holding permanent posts in the Roadways nor holding any pensionable posts – Appellants were not covered under Article 350 of the Regulations as amended to hold the pensionable posts inasmuch as despite amendment in the first part of Article 350 of the Regulations, Note 3 thereof did not suffer amendment which provides that service in non-gazetted posts in Government Technical and Industrial Institutions in Uttar Pradesh does not qualify in the case of persons appointed to such posts on or after 15.11.1938 – Roadways is a Technical and Industrial Institution, thus, the appellants are covered under Note
3 of Article 350 and hence, not entitled for pension – Pension is a right and not a bounty – However, it can be claimed only when permissible under the relevant rules/scheme – If an employee is covered under the Provident Fund Scheme and is not holding a pensionable post, he cannot claim pension nor can writ court issue mandamus directing the employer to provide pension to an employee not covered under the rules – Appellants having received retiral benefits including the benefit under the Employees Provident Fund Scheme cannot claim pension – A party to the litigation cannot be permitted to approbate and reprobate – Reliance on the judgments of the High Court in Mirza Athar Beg, S.M. Fazil and Shri Narain Pandey misplaced – Only State Government employees absorbed in the Corporation shall be entitled to pension – Employees of Roadways who were not holding any pensionable post prior to their deputation or absorption in the Corporation are not entitled to pension, as their service conditions in the erstwhile Roadways did not provide that they are entitled to pension – Members of the RKSP promoted after the cut-off date of 27.08.1982 are not entitled to pension. [Paras 29, 35, 40, 49]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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