Utt HC | Service rules applicable to Govt. employees, inapplicable to employees of Inter-Rural Road Construction Scheme

Uttaranchal High Court: The Bench of Ramesh Ranganathan, CJ. and N.S. Dhanik, J. allowed a special appeal by State of Uttarakhand, preferred against the order of learned Single Judge, setting aside the same impugned order.

Facts, to the limited extent necessary, are, the respondent was Class IV employee in Inter Rural Road Construction Scheme, started by Government of Uttar Pradesh under the supervision of Cane and Sugar Commissioner. The State of Uttar Pradesh bifurcated in Uttarakhand formerly known as Uttaranchal in 2000, and the respondent opted to be located in Uttarakhand for his service till the date of superannuation. The respondent had contended earlier that he was paid all the retiral benefits but a pension. The Government denied his pension stating that such benefits are applicable to the ‘government servants’ only and being in the service of Road Construction Scheme he is not deemed to be a ‘government servant’.

The learned Single Judge, relied on the Supreme Court judgment and granted the order in favor of the respondent earlier, he further stated that judgment of the Supreme Court was binding and there is no substance in the contentions of State. Supreme Court, in Vinod Kumar Goel v. State of Uttrakhand, (Civil Appeal No. 2511 of 2004 and 227 of 2014, Order dated 10-01-2004) where the matter in issue was exactly same, held, that “the Supreme Court has never rejected the contention earlier, that aggrieved individual was not a ‘government servant’ when working under the Cane Commissioner. Further, it was held by  Court that, “Rules of the State were applicable to the appellant for the purpose of superannuation and other consequential benefits; the earlier decision was binding on both the parties; and the respondents could not deny the retiral benefits, including pension, to the appellant.”

Aggrieved by the order of learned Single Judge, the State including the Commissioner, filed the appeal to the Court. The contentions of the appellant were that, the alleged proceedings before the Commissioner were not challenged by the respondent and the order passed in 1997 was the basis of the judgment of the Supreme Court. Hence, the order of the Commissioner in 2006 is valid and respondent’s inaction was not considered by the Single Judge while adjudication. The Commissioner has earlier observed that, there were no separate rules for the employees and officers working in the headquarters, districts, and areas under the Scheme, due to which various kinds of difficulties were arising in taking decisions in establishment related cases, the employees and officers of the Scheme would be covered by the Service Rules, as are applicable from time to time, in equivalent posts of the Cane Development Department. The Commissioner clarified that any other provision, and order prevailing in this regard, will not qualify any employee, employed under the Scheme, as a Government employee.

The appellant emphasized on the order of the Commissioner in 2006, which was relevant at the time when the respondent’s claim was decided and eventually ignored by the respondent, it was the only order which was effective as on that date, and was effective on the date of superannuation therefore, the claim of respondent was liable to be dismissed and rejected by the learned Single Judge. They further contended that the ruling of the Supreme Court was also not in conformity with the order passed by the Commissioner in 2006 but that of in 1997.

High Court, based on the aforementioned contentions of the appellant, set aside the order passed by the learned Single Judge in favor of respondent and issued a direction that it shall examine, the question whether, in view of the subsequent order passed by the Commissioner in 2006, the orders of the Supreme Court, based on the earlier order of the Commissioner in 1997, would apply to the case of the respondent.[State of Uttrakhand v. Gopal Singh Bisht, 2019 SCC OnLine Utt 340, Order dated 01-05-2019]

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