State does not have unlimited resources, institutions that waive arrears to apply for grant cannot be allowed to turn back: Uttarakhand HC

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Recently, the Uttarakhand High Court, while dealing with a plea requesting the release of Dehradun Rishikul Vidhyapeeth Brahmcharya Sanskrit Mahavidhalaya employees’ pension and family pension under the old pension scheme, observed:

The state does not have unlimited resources. The State made a conscious decision to sanction the grant to the institution in question on the clear understanding contained in clause 3 of the said communication. The petitioners now seek to disrupt the proper party after 16 years. Granting relief to the petitioners at this point would derail state resources and finances that they had never bargained for.

Pursuant to clause 3, the grant has been sanctioned in favor of the school in question on the specific condition that no claims of any kind for arrears shall be entertained and that the school’s previous years’ service not be counted for any benefit in the future.

The dividing bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe therefore finds that the applicants are not entitled to the relief sought.

The petitioning employees requested their back wages and the release of their pension under the old pension scheme.

As regards the first action, the court ordered the petitioners to make representations to the respondents. With respect to the second remedy, the respondent had denied the applicants’ right to receive a pension.

The petitioners’ case was that the employees’ claim for coverage under the old pension scheme had been considered by the defendants and an opinion was also given in the communication that the petitioners should be covered under the old pension scheme. pensions. Based on this premise, the applicants claimed the right to a pension under the old pension scheme. It was also alleged that some employees received a pension under the old pension scheme.

In this regard, the respondent argued that the grant was sanctioned in favor of the establishment in question on the specific condition that no claims of any kind for arrears will be accepted and that the service of previous years from school will not be counted. for any future benefit. Furthermore, it has been argued that the applicants cannot, at this stage, turn around and start claiming a pension under the old pension scheme when the institution has raised no objection to the conditions imposed on the communication of 09.05.2006 while sanctioning the subsidy. .

After hearing the lawyers, the court considered that this request was unfounded as regards the applicants’ request for a pension under the old pension scheme. And that granting relief to the petitioners at this point would derail state resources and finances that they never bargained for.

Accordingly, the motion was dismissed.

Case title: Dr. Baldev Prasad Chamoli and others Versus. State of Uttarakhand and others

Click here to read/download the judgment

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