Madhya Pradesh Civil Services (Pension) Rules – rr.3(p), 12(2), 13(1) – Admissibility of pension to the employees of the Societies absorbed with the Madhya Pradesh State Electricity Board (MPSEB) – Whether qualifying period for pension should be calculated from the date of their joining in the Society or from the date of absorption into the MPSEB:
Held: Appellants are entitled to pension from the MPSEB, however, the period of service rendered in the Society prior to absorption cannot be counted because such service was not under the State Government and was not governed by its rules – Thus, the appellants are eligible for pension from the date of their absorption into MPSEB, from which point they became employees governed by State rules – Impugned orders modified – Constitution of India – Art.142. [Paras 25, 26]
Service Law – Absorption – Pension – Entitlement to: Held: Upon merger or absorption, the original identity of the service ceases to exist and complete functional integration must follow – Full functional integration carries with it the rights and benefits attached to the new service – It would be unjust to deny pension benefits to the absorbed employees when they are performing the same duties and discharging the same responsibilities as other MPSEB employees – Further in the case of Bijli Karamchari Sangh, the employees’ Union, relief was already granted partially – Thus, there cannot be two classes of employees in the same organisation – All the absorbed employees are entitled to pension in the peculiar facts and circumstances of the present case. [Paras 20, 22, 23]
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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