ALL J&K WORKERS UNION SRTC Vs. STATE
LAWS(J&K)-2020-2-79
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 20,2020

All JAndK Workers Union Srtc Appellant
VERSUS
STATE Respondents

JUDGEMENT

Dhiraj Singh Thakur,J. - (1.)The present petition has been preferred by All Jammu and Kashmir Workers Union representing the employees of the State Road Transport Corporation. A writ of mandamus is sought by the petitioner-Union directing the respondents to release the arrears of COLA(Cost of Living Allowance) in favour of those whose names figure in the documents forming Annexure-A to the petition. The period for which the COLA is sought to be released is from the year 1999 till 2012.
(2.)The material facts of the instant case are as under:-
(3.)Some of the members of the petitioner's Union came to be engaged in the erstwhile Government Transport Undertaking (GTU). Subsequently it appears that the State Road Transport Corporation came to be set up and the employees working in the GTU were sent on deputation to work in the State Road Transport Corporation(SRTC). The Government, then, issued an Order No.25- TR of 1979 dated 27.03.1979 giving an option to such employees. With a view as to what precisely was the option given, the relevant clauses of the Government order supra is reproduced hereunder:-
'i. Government servants whose services have been placed at the disposal of the Road Transport Corporation, but who do not want to continue in the said Corporation have the option to:

(a) seek retirement from Government services(if they are permanent or have 5 years quasi-permanent service) and receive pensionary benefits from the Government as may be admissible to them under rules:

(b) ask for their discharge from service if they are temporary Government servants or quasi-permanent servants with less than 5 years service not contributing to C.P. Fund and receive terminal gratuity benefits from Government as may be admissible to them under rules;

(c) ask for their termination of services if they are temporary with C.P.Fund benefits and received employees contribution on their C.P.Fund with interest in full alongwith their own contribution.

ii. Government servants who opt for service in the Road Transport Corporation shall have the following options:-

(a) permanent government servants (who have been confirmed against permanent posts or declared permanent in the Government Transport Undertaking as on the date of formation of Road Transport Corporation and quasi-permanent Government servants with 5 years or more quasi-permanent service as on the date of formation of Road Transport Corporation have the option to either retain the pensionary benefits available to them under the Government Rules or be governed by the rules of the Road Transport Corporation, insofar as it relates to the benefits consequent upon retirement. In case they exercise upon retirement. In case they exercise the formal option, the will be entitled to receive their pension under pension rules as may be in force in the Government at the time of their retirement from the Corporation;

(b) .......

(c) .......

(d) in cases of all temporary government servants who did not enjoy C.P.Fund benefits in the Government Transport Undertaking at the time of formation of Road Transport Corporation and such of the permanent Government servants and quasi- permanent Government servants referred to in (a) above as may opt for rule (C.P.Fund benefits) of the Corporation, the Government will pay to the Corporation the C.P.Fund contribution and interest thereon....;

(e) ....

Government servants who opt for service in the Corporation will cease to be Government servants from the date of their exercising option for regulation of this pensionary benefit as under para(IIa). The said Government servants will be deemed to have been the employees of the Corporation and their service conditions so far as they relate to pay, allowances, leave, TA, discipline and conduct etc. etc. except in respect of pensionary benefits will be governed by the rules of the Corporation.'

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