Samajwadi Party

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Service matter = (i) Whether two different age of superannuation of 58 and 60 years can be prescribed for the employees similarly situated, including members of the same service, solely on the basis of their source of entry in the service. (ii) Whether ‘the Uttar Pradesh Jal Nigam (Retirement on attaining age of Superannuation) Regulations, 2005’ fixing two different age of superannuation for similarly situated employees of Jal Nigam are discriminatory and ultra vires under Article 14 of the Constitution of India.= ‘no pay no work’ is not applicable to the employees who were guided by specific rules like Leave Rules etc. relating to absence from duty. Such principle can be applied to only those employees who were not guided by any specific rule relating to absence from duty. If an employee is prevented by the employer from performing his duties, the employee cannot be blamed for having not worked, and the principle of ‘no pay no work’ shall not be applicable to such employee. = Regulation 31 shall be applicable and the age of superannuation of employees of the Nigam shall be 60 years; we are of the view that following consequential and pecuniary benefits should be allowed to different sets of employees who were ordered to retire at the age of 58 years: (a) The employees including respondents who moved before a court of law irrespective of fact whether interim order was passed in their favour or not, shall be entitled for full salary up to the age of 60 years. The arrears of salary shall be paid to them after adjusting the amount if any paid. (b) The employees, who never moved before any court of law and had to retire on attaining the age of superannuation, they shall not be entitled for arrears of salary. However, in view of Regulation 31 they will deem to have continued in service up to the age of 60 years. In their case, the appellants shall treat the age of superannuation at 60 years, fix the pay accordingly and re-fix the retirement benefits like pension, gratuity etc. On such calculation, they shall be entitled for arrears of retirement benefits after adjusting the amount already paid. (c) The arrears of salary and arrears of retirement benefits should be paid to such employees within four months from the date of receipt of copy of this judgment. The judgment passed by the Division Bench of the Allahabad High Court, Lucknow Bench dated 29th July, 2010 and other impugned judgments stand modified to the extent above.

published in http://judis.nic.in/supremecourt/filename=40490   Page 1     REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5527 OF 2012 (arising out of SLP (c) No. 31279 of 2010) STATE OF UTTAR PRADESH         … APPELLANT Versus DAYANAND CHAKRAWARTY & ORS.              … RESPONDENTS With C.A.No.5528   of   2012  (Arising   Out   of   SLP(C)   No.35579   of 2010) C.A.No.5617­5659   of   2012  (Arising   Out   of   SLP(C)   No.5218­ 5260 of 2011) C.A.No.   5529   of   … Continue reading

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