LexU.P. ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION versus STATE OF U.P. & ANR.
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[2024] 7 S.C.R. 1368 : 2024 INSC 555 U.P. Roadways Retired Officials and Officers Association v. State of U.P. & Anr. (Civil Appeal No. 894 of 2020) 26 July 2024 [Hrishikesh Roy and Prashant Kumar Mishra,* JJ.] Issue for Consideration Whether the appellants who were the former employees of Uttar Pradesh Roadways, a temporary department of the State Government, held any pensionable post before or after their absorption in the U.P. State Roadways Transport Corporation; whether the members of the Roadways Karmchari Sanyukta Parishad (RKSP) who were promoted after the cut-off date of 27.08.1982 were entitled to pension. Headnotes† 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 * Author [2024] 7 S.C.R. 1369 U.P. Roadways Retired Officials and Officers Association v. State of U.P. & Anr. 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] Case Law Cited U.P.S.R.T.C. v. Mirza Athar Beg, 2011 (2) ALJ 327; The Managing Director, U.P.S.R.T.C v. S.M. Fazil & 03 others [W.P. No. 5440 of 2000 (S/B)]; U.P.S.R.T.C & Ors. v. Shri Narain Pandey [2009 : AHC-LKO : 3978-DB] – distinguished. Union of India & Ors. v. M.K. Sarkar [2009] 16 SCR 249 : (2010) 2 SCC 59; Bachai Lal v. U. P. S. R. T. C., Allahabad and others (1991) 2 UPLBEC1095; General Manager, Telecom v. A. Srinivasa Rao & Ors. [1997] Supp. 5 SCR 212 : (1997) 8 SCC 767; National Council of Educational Research and Training v. Shyam Babu Maheshwari & Ors. [2011] 7 SCR 548 : (2011) 6 SCC 412; Krishena Kumar v. Union of India [1990] 3 SCR 352 : (1990) 4 SCC 207; Union of India v. Kailas (1998) 9 SCC 721; V.K. Ramamurthy v. Union of India & Anr. [1996] Supp. 4 SCR 583 : (1996) 10 SCC 73; All India Reserve Bank Retired Officers Association & Ors. v. Union of India & Anr. [1991] Supp. 3 SCR 256 : (1992) Supp 1 SCC 664; The Committee for Protection of Rights of ONGC Employees & Ors. v. Oil and Natural Gas Commission, through its Chairman & Anr. [1990] 2 SCR 156 : (1990) 2 SCC 472; Prabhu Narain v. State of U.P. (2004) 13 SCC 662; Rajasthan Road Transport Corporation & Anr. v. Mohini Devi [2013] 3 SCR 464 : (2013) 11 SCC 603 – referred to. 1370 [2024] 7 S.C.R. Digital Supreme
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