SMT. PREM DEVI & ANOTHER versus DELHI ADMINISTRATION & ORS.

SMT. PREM DEVI & ANOTHER versus DELHI ADMINISTRATION & ORS.

Employees absorbed in the Delhi Administration from an institution fully funded and controlled by it are entitled to pensionary benefits as available to other staff; previous decision in favor of identically situated employee is applicable to others similarly placed.

Parties
Petitioner: Smt. Prem Devi; Petitioner: Another Petitioner; Respondent: Delhi Administration; Respondent: Mrs. Kitty K. Manglam; Respondent: Ms. A. Subhashini
Jurisdiction
India
Judgment Date
17 April 1989
Procedural Posture
Writ Petition (civil) / Final Decision
Outcome
Petitions allowed
Legal Topics
Pensionary Benefits, Absorption of Employees, Government Service, Article 32
Civil Services Service Law Constitutional Law Pensionary Benefits Absorption of Employees Government Service Article 32

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Parties

Smt. Prem Devi

Petitioner

Another Petitioner

Petitioner

Delhi Administration

Respondent

Mrs. Kitty K. Manglam

Respondent

Ms. A. Subhashini

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision

Legal Issues

  1. 1 Whether employees absorbed from an institution fully funded and controlled by the State are entitled to pensionary benefits upon retirement

Ratio Decidendi

Employees absorbed in the Delhi Administration from an institution fully funded and controlled by it are entitled to pensionary benefits as available to other staff; previous decision in favor of identically situated employee is applicable to others similarly placed.

Court Disposition

Petitions allowed

Orders

  • Petitioners to be paid pensionary benefits within 3 months from the date of judgment.
  • Petitioners shall be entitled to costs of Rs.2500 in each case.