Summary
The Supreme Court held that reorganisation of Uttar Pradesh could not erase the prior service of cooperative Kurk Amins allocated to Uttarakhand. Their pre-bifurcation service counted for selection grade, promotional scale, pension and other benefits. The earlier restriction of Uttarakhand’s consequential monetary liability to the period from 9 November 2000 did not eliminate the earlier service itself. The Single Judge’s relief was restored and extended to similarly situated employees, with costs of one lakh rupees imposed on the State.
Issues
- Whether State bifurcation extinguished credit for service rendered in the predecessor State.
- Whether the earlier restriction on consequential monetary benefits also restricted reckonable service.
- Whether equivalent relief should extend beyond the appellants.
Held
- The earlier litigation had established the Kurk Amins’ government-servant status and the applicability of the relevant benefits to commission-based as well as salaried appointees. Allocated employees could not lose the advantage of that determination merely because Uttarakhand was created. (¶¶ 6, 9, 10, 11, 12, 13, 14, 15)
- The 2010 Division Bench order limited consequential monetary liability on Uttarakhand to the period beginning 9 November 2000. It did not wipe out service rendered from 1985 before that appointed date. The later interpretation conflating those matters was erroneous. (¶¶ 14, 15, 16)
- Prior Uttar Pradesh service had to count for selection grade, promotional scale, post-retirement benefits and pension. The appellants were entitled to the relief granted by the Single Judge, whose order included past-service reckoning and ACP relief. (¶¶ 3, 19)
- The benefit was expressly extended to all similarly situated incumbents so that they were not driven to further litigation. The State’s contrary action was wholly untenable and attracted costs of one lakh rupees. (¶¶ 19, 20, 21)
Result
Appeals allowed; impugned Division Bench order set aside and Single Judge’s relief restored. Equivalent benefits extended to similarly situated incumbents. Costs of Rs.1,00,000 imposed on Uttarakhand.