Excelsior Correspondent
SRINAGAR, Apr 24: The High Court has dismissed the plea of Jammu and Kashmir Road Transport Corporation (RTC) seeking extension of services as is being granted to other Government employees.
Justice Sanjay Dhar has dismissed the plea of employees of Corporation who were seeking extension of benefits available in terms of SRO 14 of 1996 and SRO 225 of 1997 to the other Government employees.
Since their claim was rejected by the Corporation in terms of an order dated 06.11.2012 they challenged it. In the petition they said that they were the employees of the Government Transport Undertaking ( GTU which was later converted into State Road Transport Corporation, whereafter, in terms of order No.26-TR of 1979 dated 29.03.1979 and according to the petitioners, the employees were asked to exercise their option as to whether they want to continue in the Government service or would prefer to work in the Corporation.
They contend that they did not opt for permanent absorption in the Corporation and, as such, their service conditions are to be governed by the rules applicable to the Government employees and, thus, on this basis, the benefits available under SRO 14 of 1996 and SRO 225 of 1997, which were applicable to the Government employees.
It has been contended that the employees of J&K Government have been given the benefit of SRO 14 of 1996, vide which J&K Civil Services (Higher Standard) Pay Scale Rules, 1996 have been promulgated and as per these Rules, non-gazetted employees are entitled to first in-situ promotion after completion of nine years.
Justice Sanjay Dhar while dismissing their plea said that all the employees of GTU were placed at the disposal of the newly established Transport Corporation. These employees were broadly given two options. One to seek retirement and avail the terminal benefits as are available to Government employees. The second option was to continue with the newly established Transport Corporation.
Those who opt to continue with the Transport Corporation were given the option of availing the pensionary benefits as are available to Government employees or in the alternative avail the terminal benefits provided under the Rules of the Corporation.
“The afore-quoted order does not at all give an option to the employees of GTU to continue to receive benefits as are available to Government Employees except the pensionary benefits”, the court said.
Referring to the Division Bench decision also, the court said that an employee of GTU, after joining the respondent-Corporation, cannot ask for any benefit beyond the pensionary benefits available to a government employee.
“Thus, the claim of the petitioners pertaining to applicability of SRO 14 of 1996 and SRO 225 of 1997, which have not been adopted by the respondent Corporation, is without any merit. For what has been discussed hereinbefore, I do not find any merit in this petition. The same is dismissed accordingly”, reads the judgment.
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