Excelsior Correspondent
SRINAGAR, Dec 19: The High Court in a significant decision held that the employees of one institution cannot seek parity in service incentives and conditions with the employees of other institution including post retiral benefits.
Justice Sanjay Dhar dismissed two petitions filed by almost 60 serving and retired employees of Sainik School Mansbal District Ganderbal seeking parity in service conditions including post-retirement pension benefits with the employees of other Sainik Schools of the country.
Justice Dhar ruled that similarity in duties or funding from a common source does not, by itself, entitle employees of different institutions to parity in service conditions, including post-retirement pension benefits.
“…Merely because the duties performed by two sets of employees may be similar or the two sets of employees pertaining to two different institutions are being funded from a single source would not be in itself a ground to claim parity in service conditions between the two sets of employees,” the court said.
The petitioners were seeking a direction upon the authorities to grant pensionary benefits to them on attaining the age of superannuation in accordance with the scheme as was in vogue before 2010 and also to provide arrears of pension on superannuation to those who have already retired from service. They also sought direction to the authorities to treat and adjust the CP Fund of them as General Provident Fund as was applicable to the Government employees.
“…The petitioners cannot claim parity in service conditions pertaining to post-retirement pension either with the employees of other Sainik schools of the country or with other institutions which are funded by the Government of J&K”, the court said.
The court rejected their contentions as being without any merit. The submission of these employees was that while they receive pay and retiral benefits such as gratuity and leave salary, they are not entitled to pension on superannuation.
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