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counting of past service for qualifying pension
08-Oct-2023 (In Civil Law)
WAS APPOINTED AS JE IN HARYNA PSU IN 1975.PSU CLOSED ABRUPTLY UNDER SECTION 25 O OF IDA 1947 AND RETRENCHED 3876 EMPLOYEES IN ONE STROKE ON 30/06/2002.HIGH COURT DIRECTED TO REVIEW ITS DECISION AND EXPLORE OPTIONS.HARYANA REVIEWED ITS DECISION AND ONLY CHANGED THE DATE OF CLOSURE TO 30/07/2002 AND NO OTHER RELIEF.
HARYANA GOVT FRAMED A POLICY IN MAY 2006 TO ADJUST CLASS III AND IV BELOW 55 YEARS IN OTHER DEPTTS.ALSO PAID COMPENSATION TO SELECT CLASS IV AND SOME CLASS III EMPLOYEEES.
AS PER POLICY FRESH APPOINTMENT WAS TO BE MADE IN THE INITIAL SCALE OF OFFERED POST AND WERE TO BE PLACED JUNIOR MOST AMONG CATAGORIES.ALSO AN AFFEDEVIT WAS TO BE FURNISHED NOT TO CLAIM BENEFIT OF PAST SERVICE.THE CONDITION HAD TO BE ACCEPTED BY RETRENCHED EMPLOYEES FOR SURVIVAL OF FAMILY AND WAS DONE.
THIS POLICY WAS FURTHER MADE APPLICABLE TO CLASS II AND CLASS I EMPLOYEES WITH SAME CONDITIONS
HOWEVER NO COMPENSATION WAS GIVEN TO CLASS II AND I EMPLOYEE.
CAN PAST SERVICE COUNT FOR PENSION?
Yes, past service rendered by an employee in a State controlled autonomous body/PSU would count towards total qualifying service for the grant of pension and other retiral benefits. From the facts that you have stated, your case in all likelihood seems covered by the following Judgments:
1. Ram Singh and another vs. State of Punjab and others.
2. Smt. Krishna Khullar vs. State of Punjab.
3. R.P. Singla v. State of Punjab.
4. Gurbax Singh v. U.O.I. & ors.
Feel free to call for any further information.
Helpful?
You can claim the benefit of past service for the purposes of pension. As far as your affidavit is concerned, the same should not stop you from claiming the same as the same was tendered under the pressure ans arbitrary act of department. You should give a representation to the concerned official and incase there is no response you can file writ petition in High Court concerned. Further, a lot shall depend upon the previos High Court as well.
Helpful?
Adv. Anshul Mangla
Chandigarh | 25+ Answers
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