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HC directs Centre to extend benefits for Central Govt canteen employees
The employees of canteens in Central Government offices can look for a secure life post their retirement with the Delhi High Court directing the Centre to extend the benefit of pension scheme to these staff.
The court’s order will benefit employees working in Government canteens. The court has ruled that all employees of statutory, non-statutory as well as non-statutory recognised canteens should be able to avail the benefits of the pension scheme. The Supreme Court had also granted a similar benefit to employees of canteens in Railway Department 20 years ago.
The court’s order came on a writ petition filed by the Government against a Central Administrative Tribunal (CAT) order which had passed a similar order. A division bench of Acting Chief Justice AK Sikri and Justice Siddharth Mridul, while dismissing the petition, relied upon various Supreme Court judgments and said, “We do not agree with the contentions raised on behalf of the petitioner.” The Centre argued that the decision of the Railway Department for reckoning the entire past service rendered by their canteen employees for availing pension benefits is independent and no parity can be claimed by employees of Government canteens on the basis of the same.
Referring to various Supreme Court judgments, the bench said that one department of the Government, the Railway Department had already been granted the benefit of pension scheme to all its canteen employees by taking into account the entire service rendered by them as being regular service.
Noting that if one department of the Government has been granted the benefit of pension scheme, the other department cannot be denied the same, the division bench said, “Equality is the first principle of justice.” The court observed that the petition was devoid of any merit and said, the employees of the canteens of the Central Government Departments need to be given the same benefit as has been given to the employees of the Railway canteens, both being under the Central Government. Thus there is no denial that these employees are similarly placed to the employees of the Railway canteens. The applicants’ case is further strengthened by the judgment in the case of employees of canteens of Defence Industrial Establishments as reported in 1988(4) SCC 478.”
“When a particular benefit is granted to employees of one Department of the Government of India, the same cannot be denied to other similarly placed employees of other departments under the same Government. It would otherwise be violation of Article 14 and 16 of the Constitution and will be against the spirit of justice,” it added.
The employees of canteens in Central Government offices can look for a secure life post their retirement with the Delhi High Court directing the Centre to extend the benefit of pension scheme to these staff.
The court’s order will benefit employees working in Government canteens. The court has ruled that all employees of statutory, non-statutory as well as non-statutory recognised canteens should be able to avail the benefits of the pension scheme. The Supreme Court had also granted a similar benefit to employees of canteens in Railway Department 20 years ago.
The court’s order came on a writ petition filed by the Government against a Central Administrative Tribunal (CAT) order which had passed a similar order. A division bench of Acting Chief Justice AK Sikri and Justice Siddharth Mridul, while dismissing the petition, relied upon various Supreme Court judgments and said, “We do not agree with the contentions raised on behalf of the petitioner.” The Centre argued that the decision of the Railway Department for reckoning the entire past service rendered by their canteen employees for availing pension benefits is independent and no parity can be claimed by employees of Government canteens on the basis of the same.
Referring to various Supreme Court judgments, the bench said that one department of the Government, the Railway Department had already been granted the benefit of pension scheme to all its canteen employees by taking into account the entire service rendered by them as being regular service.
Noting that if one department of the Government has been granted the benefit of pension scheme, the other department cannot be denied the same, the division bench said, “Equality is the first principle of justice.” The court observed that the petition was devoid of any merit and said, the employees of the canteens of the Central Government Departments need to be given the same benefit as has been given to the employees of the Railway canteens, both being under the Central Government. Thus there is no denial that these employees are similarly placed to the employees of the Railway canteens. The applicants’ case is further strengthened by the judgment in the case of employees of canteens of Defence Industrial Establishments as reported in 1988(4) SCC 478.”
“When a particular benefit is granted to employees of one Department of the Government of India, the same cannot be denied to other similarly placed employees of other departments under the same Government. It would otherwise be violation of Article 14 and 16 of the Constitution and will be against the spirit of justice,” it added.
