VidhiSangh

Supreme Court of India · 26/07/2024

U.P. ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION versus STATE OF U.P. & ANR.

[2024] 7 S.C.R. 1368 · 2024 INSC 555

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Summary

Former employees of U.P. Roadways, a temporary State department later absorbed into the U.P. State Road Transport Corporation, were held not entitled to pension. They held neither permanent posts in the three categories declared pensionable by the GO of 28.10.1960 nor any other pensionable post; Note 3 to Article 350 of the U.P. Civil Service Regulations excluded non-gazetted posts in technical and industrial institutions; and Regulation 39 of the Corporation's 1981 Regulations confines pension to State Government employees absorbed into the Corporation. Having taken provident fund benefits without protest decades earlier, they could not now claim pension. The Corporation's appeals against High Court orders granting pension to employees promoted to pensionable posts after the absorption cut-off were allowed.

Issues

  1. Whether former employees of U.P. Roadways, before or after absorption in the Corporation, held pensionable posts entitling them to pension.
  2. Whether Note 3 to Article 350 of the U.P. Civil Service Regulations excluded the Roadways' non-gazetted posts from pension.
  3. Whether the assurance in the GO of 05.07.1972 that service conditions would not be inferior entitled Roadways employees promoted to pensionable posts after the absorption cut-off to pension.
  4. Whether employees who accepted provident fund benefits on retirement could later claim pension.

Provisions considered

Held

Result

Civil Appeal No. 894 of 2020 and the connected employees' appeals dismissed; appeals by UPSRTC allowed and the High Court orders granting pension to members of the Roadways Karamchari Sanyukta Parishad set aside; that union's appeals dismissed.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1368.