GULAB CHAND AGRAWAL versus STATE OF BIHAR AND ORS.

GULAB CHAND AGRAWAL versus STATE OF BIHAR AND ORS.

An employee retired prior to the adoption of the Pension Rules by the Municipality is not entitled to exercise option for switching over to the Pension Scheme; therefore, appellant's claim lacks merit.

Parties
Appellant: Gulab Chand Agrawal; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
29 November 2006
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Pension Scheme, Option to Switch to Pension, Contributory Provident Fund, Retirement Benefits
Service Law Pension Scheme Option to Switch to Pension Contributory Provident Fund Retirement Benefits

Case Brief

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Parties

Gulab Chand Agrawal

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether appellant-employee who retired in 1992 is entitled to exercise option to switch from Contributory Provident Fund to Pension Scheme under Rules adopted by Municipality in 2001

Ratio Decidendi

An employee retired prior to the adoption of the Pension Rules by the Municipality is not entitled to exercise option for switching over to the Pension Scheme; therefore, appellant's claim lacks merit.

Court Disposition

Appeal dismissed

Orders

  • Respondent-Municipality shall pay all lawful retirement dues to the appellant at an early date.