Case Note & Summary
The Supreme Court dismissed a batch of civil appeals filed by former employees of Uttar Pradesh Roadways (a temporary department of the State Government) who were later absorbed in the U.P. State Roadways Transport Corporation (the Corporation). The appellants sought pension, claiming they held pensionable posts. The Court held that the Roadways was created as a temporary department in 1947, and its employees were appointed temporarily and were not members of regular service. A Government Order dated 28.10.1960 provided pension only to permanent employees of the erstwhile Roadways, while non-permanent employees were entitled to Employees Provident Fund benefits. The Corporation was created on 01.06.1972 under the Road Transport Corporation Act, 1950, and employees were initially treated on deputation and later absorbed w.e.f. 28.07.1982 under the Roadways (Abolition of Post and Absorption of Employees) Rules, 1982. The Court noted that the appellants had already received their entire post-retiral benefits decades ago without any protest. They started claiming pension only after the High Court's judgment in U.P.S.R.T.C. vs. Mirza Athar Beg (2011). The Court found that the appellants did not hold pensionable posts under the U.P. Civil Service Regulations, as Note 3 of Article 350 excludes non-gazetted posts in Government Technical Industrial Institutions from pension. The appeals were dismissed, and the impugned orders of the High Court were upheld.
Headnote
A) Service Law - Pension - Pensionable Post - Employees of temporary department of State Government absorbed in statutory corporation are not entitled to pension unless they held a pensionable post under U.P. Civil Service Regulations - The court held that the appellants were not holding pensionable posts as the Roadways was a temporary department and its employees were not members of regular service; Note 3 of Article 350 of U.P. Civil Service Regulations excludes non-gazetted posts in Government Technical Industrial Institutions from pension (Paras 5-7). B) Service Law - Absorption - Deputation - Employees of Roadways treated on deputation with Corporation without specifying period, service conditions not inferior - The court noted that the employees were absorbed in the Corporation w.e.f. 28.07.1982 under the Roadways (Abolition of Post and Absorption of Employees) Rules, 1982, and their service conditions were protected (Paras 7.4-7.7). C) Service Law - Pension - Delay and Laches - Retired employees receiving post-retiral benefits decades ago without protest cannot claim pension belatedly - The court observed that the appellants started claiming pension only after the High Court judgment in U.P.S.R.T.C. vs. Mirza Athar Beg (2011) and that such belated claims are not maintainable (Para 9).
Issue of Consideration
Whether the appellants, former employees of Uttar Pradesh Roadways (a temporary department of the State Government), are holding any pensionable post before or after their absorption in the U.P. State Roadways Transport Corporation.
Final Decision
The Supreme Court dismissed the appeals, upholding the impugned orders of the High Court. The Court held that the appellants did not hold pensionable posts and were not entitled to pension.
Law Points
- Pension entitlement
- pensionable post
- temporary department
- absorption
- U.P. Civil Service Regulations
- Road Transport Corporation Act
- 1950
- retrospective amendment
- non-gazetted post
- Government Technical Industrial Institution
