Excelsior Correspondent
JAMMU, Dec 22: High Court today dismissed the petition of J&K Tourism Development Corporation Employees Union seeking direction for release of pensionary benefits and held that employees cannot seek to selectively apply the relevant recruitment rules to their liking.
Justice Ali Mohammad Magrey observed, “this court is called upon to answer in this petition that despite there being clear rule position with regard to the services in the Corporation being non-pensionable, can the members of the petitioners’ Union still claim pensionary benefits in their favour on the analogy of other Government Corporations/ Departments”.
“The answer to this question has to be in the negative in as much as the petitioners cannot seek to selectively apply the relevant recruitment rules to their liking. The petitioners are governed by express statutory rules which set out the terms and conditions of the services of employees, including the petitioners, therefore, the petitioners cannot claim for amendment in the service rules through the medium of the instant petition”, High Court said, adding “the petitioners and other employees of the Corporation cannot deviate from the terms and conditions of service upon which they have been appointed”.
“There is all substance in the argument of the counsel representing the respondent Corporation that once an employee accepts the terms and conditions governing a particular service at the time of entry in that service, he/ she subsequently cannot turn around and contend that the certain portion of the rules governing such service is not tenable”, Justice Magrey said, adding “this court cannot issue directions to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make rules, which are in the nature of subordinate legislation”.
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