S.K. Gupta and Others Versus Airport Authority of India and Others IN THE HIGH COURT OF DELHI W.P. (C) 4599 of 1995 and W.P. (C) 8789 of 2007 20 December 2012 Pension—Pensionary Benefits—Petitioners sent on compulsory deputation, but had less than ten years of service in parent cadre—Office Memorandum (OM) gave option to employees to either choose government pension rules or Contributory Provident Fund Regulations of respondent Authority—Request of petitioners for application of pension scheme, rejected by respondents on ground that they had not completed ten years service—Whether action of respondents in not implementing OM and granting pensionary benefits to petitioners is illegal and arbitrary—Held, petitioners cannot claim benefits of both PSU and Government—Since petitioners exercised option of absorption with terms and conditions of pay scale of PSU, they cannot revert and ask for pensionary benefits under Government—OM does not entitle person to both benefits, can claim only one benefit—OM did not intent to give benefit of pension to workers with less than 10 years service—Petitioners not entitled for grant of pensionary benefits—Petitions dismissed.
Posted on: Thu, 06 Jun 2013 09:37:50 +0000
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