UNION OF INDIA Vs. BALWANT SINGH

JUDGEMENT

(1.) The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 12/12/2018 passed by the learned Central Administrative Tribunal (the Tribunal) in O.A. No. 1038/2016. The petitioner also seeks to assail the order dtd. 30/1/2019, vide which its review petition was rejected by the Tribunal.

(2.) The facts of the present matter lie in a narrow compass and may be noted at the outset. On 24/4/1972, the respondent joined the services of the 'Indian Council of World Affairs', as a temporary peon. At the time of his joining service, the aforesaid council was a society registered under the Societies Registration Act, 1860. On 3/9/2001, the society was, pursuant to enactment of the Indian Council of World Affairs Act, 2001 (hereinafter referred to as 'the Act'), set up as a body corporate. Consequently, all its existing employees, along with the assets and debts of the society, became a part of this statutory autonomous organization. Vide Sec. 5(1)(e) of the Act it was specifically provided that all the existing service conditions of the employees of the society, unless specifically altered, would remain the same upon their becoming employees of the autonomous organization. Consequently, the pay and other service conditions of the respondent continued to be protected till he superannuated on 30/6/2012.

(3.) Two years after the respondent superannuated, the petitioners, on 16/9/2014, issued the 'Indian Council of World Affairs, Director General, Other Officers and Employees (Conditions of Service) Regulations, 2014', whereunder, a provision for grant of leave encashment on retirement was introduced for the first time. As per this provision, employees of the petitioner organization became entitled to encashment of earned leave on retirement as admissible to central government employees under the Central Civil Services (leave) Rules, 1972. By way of Regulation 28(2), a specific provision was made in these Regulations clearly providing that no former employee of the Council who had retired or resigned prior to the publication of these Regulations would be entitled to any post retirement benefits under the said Regulations.