ALL J&K SRTC Vs. STATE & ORS.

JUDGEMENT

(1.) PETITIONERS (pensioners) appear to have been clamouring for getting the arrears and pensionery benefits on the basis of revised pay fixable on the basis of sanctioned 43 installments of COLA. In principle claim of the petitioner is not denied but stand of the respondent No.4 is that it is to be paid by the respondent No.1, 3 & 5 out of its own resources and in the process petitioners are caught, resultantly their retiral life has been made painful. Contention of the petitioners that it is respondents No.1 to 3 who have to release the funds, is also supported by respondent No.4 (Managing Director, J&KSRTC, Srinagar). Respondents No.1 to 3 and 6 have not chosen to file any reply whereas respondents No.4 and 5 have separately filed their objections.

(2.) THE grievance of the petitioners is that their service benefits and pensionery benefits have been kept hostage to the own resources of the State Road Transport Corporation. Petitioners in status being civil servants are entitled to be paid benefits and such benefits cannot be made hostage to the financial condition of the respondent Corporation when it is the responsibility of the State to pay the same.

(3.) IT is the positive case of the petitioners that they have exercised option of retaining pensionery benefits under Government rules so were entitled to receive their pension under Govt. Pension Rules as were in force at the time of retirement from the Corporation, therefore, liability for paying pension and other retiral benefits is the responsibility of the respondent State irrespective of financial viability of the respondent Corporation.