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State Does Not Have Unlimited Resources, Institutions That Waive Arrears To Seek Grant-In-Aid Can't Be Permitted To Take U-Turn: Uttarakhand HC
LIVELAW NEWS NETWORK
10 Sept 2022 11:00 AM IST
The Uttarakhand High Court recently, while dealing with a plea seeking release of pension and family pension of employees in the Dehradun Rishikul Vidhyapeeth Brahmcharya Sanskrit Mahavidhalaya as per the Old Pension Scheme, observed: "The State is not having unlimited resources. The State took a conscious decision to sanction the grant-in-aid to the Institution in question on...
The Uttarakhand High Court recently, while dealing with a plea seeking release of pension and family pension of employees in the Dehradun Rishikul Vidhyapeeth Brahmcharya Sanskrit Mahavidhalaya as per the Old Pension Scheme, observed:
"The State is not having unlimited resources. The State took a conscious decision to sanction the grant-in-aid to the Institution in question on the clear understanding as contained in Clause 3 of the said communication. The petitioners now seek to disturb the appropriate part after 16 years. Grant of relief to the petitioners at this stage would derail the resources and finances of the State which they had never bargained for."
As per Clause 3, grant-in-aid was sanctioned in favour of the Institution in question on the specific condition that no claim of any kind towards arrears will be accepted and the service of the previous years of the school will not be counted for any benefit in the future.
The Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe therefore said that the petitioners are not entitled to relief sought for.
The petitioner-employees sought their salary arrears and release of pension as per the Old Pension Scheme.
With regard to the first relief, the court directed the petitioners to make representation to the Respondents. With regard to the second relief, the respondent had denied the right of the petitioners to receive pension.
Petitioners case was that the demand for coverage under the Old Pension Scheme made by the employees was examined by the respondents and an opinion was also rendered in the communication that the petitioners should be covered by the Old Pension Scheme. On that premise, the petitioners claimed right to pension under the Old Pension Scheme. It was also argued that some employees are getting the pension under the Old Pension Scheme.
In this regard the Respondent argued that grant-in-aid was sanctioned in favour of the Institution in question on the specific condition that no claim of any kind towards arrears will be accepted and the service of the previous years of the school will not be counted for any benefit in the future. Further it was argued that petitioners cannot, at this stage, turn around and start claiming pension under the Old Pension Scheme when the Institution did not raise any objection to the conditions imposed on the communication dated 09.05.2006 while sanctioning the grant-in-aid.
After hearing the counsels the court was of opinion that there is no merit in this petition, so far as the claim of the petitioners for grant of pension under the Old Pension Scheme is concerned. And that Grant of relief to the petitioners at this stage would derail the resources and finances of the State which they had never bargained for.
Accordingly, the petition was dismissed.
Case Title : Dr. Baldev Prasad Chamoli and Others Vs. State of Uttarakhand and Others
Citation :2022 LiveLaw (Utt) 28
