HARI CHAND AND ORS. versus FARIDABAD COMPLEX ADMINISTRATION AND ORS.

HARI CHAND AND ORS. versus FARIDABAD COMPLEX ADMINISTRATION AND ORS.

Since appellants retired prior to 1992 when the new pension scheme was introduced, and Note I to Rule 3.16 of Punjab Civil Services Rules expressly excluded Municipal employees from the pension scheme's application, appellants are not entitled to pension; decree in earlier civil suit is not res judicata as appellants were not parties nor claiming through plaintiffs, and the suit was not representative.

Parties
Appellant: Hari Chand; Appellant: Sohan Lal; Appellant: Roshan Lal; Appellant: Jetha Nand; Appellant: Legal Representatives of Gardia; Respondent: Faridabad Complex Administration; Respondent: Other respondents
Jurisdiction
India
Judgment Date
26 April 2005
Procedural Posture
Civil Appeal / Appeal From Division Bench Order, Punjab and Haryana High Court, Dismissing Writ Petitions and Setting Aside Single Judge Orders
Outcome
Appeals dismissed
Legal Topics
Pension, Res Judicata, Article 14, Article 19, Contributory Provident Fund
Service Law Constitutional Law Pension Res Judicata Article 14 Article 19 Contributory Provident Fund

Case Brief

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Parties

Hari Chand

Appellant

Sohan Lal

Appellant

Roshan Lal

Appellant

Jetha Nand

Appellant

Legal Representatives of Gardia

Appellant

Faridabad Complex Administration

Respondent

Other respondents

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Order, Punjab and Haryana High Court, Dismissing Writ Petitions and Setting Aside Single Judge Orders

Legal Issues

  1. 1 Whether appellants are entitled to pension under new scheme introduced in 1992 despite retiring earlier
  2. 2 Whether decree in earlier civil suit operates as res judicata for appellants

Ratio Decidendi

Since appellants retired prior to 1992 when the new pension scheme was introduced, and Note I to Rule 3.16 of Punjab Civil Services Rules expressly excluded Municipal employees from the pension scheme's application, appellants are not entitled to pension; decree in earlier civil suit is not res judicata as appellants were not parties nor claiming through plaintiffs, and the suit was not representative.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed; no order as to costs