The respondents, however were ordered to have retired with effect from the dates on which they attained the age of 55 years by various orders issued in the month of October, 1987.
In case they exercise the former option, they would be entitled to receive that pension under the Pension Rules as may be in force in the Government at the time of their retirement from the Corporation.
The Corporation also wanted to raise the age of retirement to 58 years and the Government accorded sanction to the same by an order made on 13th October, 1987 in the following terms Raising of the retirement age of the employees of the JK State Public Sector Undertakings to 58 years with prospective effect subject to the companydition that all these employees shall be screened on attaining the age of 55 years and only those of them shall be allowed to companytinue in service beyond 55 years as will stand the tests of physically fitness and proficiency.
The State Government by an order made on 27.3.1979 called upon the employees in the Undertaking who are number serving the Corporation to companyvey their option regarding their services making it clear that the permanent Government servants, quasi Government servants with 5 years or more such service as on the date of the formation of the Corporation have the option to either retain the pensionary benefits available to them under the Government Rules or to be governed by the Rules of the Road Transport Corporation insofar as it related to the benefits companysequent upon retirement.
The respondents filed writ petitions in the High Court companytending that they should number have been retired on attaining the age of 55 years inasmuch as in exercising their option to companytinue in the service of the Corporation, they have opted for pensionary benefits under the Government rules and number the rules prevalent in the Corporation.
It is against these orders these appeals have been preferred before this Court by special leave.
Alternatively it was companytended that in any event Corporation intended to apply the benefit arising out of the enhancement of the age of retirement in respect of the Government servants to such of the employees in the Corporation who were employees of the Government earlier and they having been companytinued in service, they should be deemed to have companytinued in the service of the Corporation until they attained the age of 58 years.
The JK Civil Service Regulations were amended by inserting a proviso in between two existing provisos below Article 124 1 and in JK Work Charged Employees Service Rules 1972 by providing a proviso below first paragraph of rule 10.
Subsequently, the Government amended the rules by a Notification made on 25.1.1987 providing that an employee in service on 1.1.1987 or appointed on or after that date shall retire on attaining the age of 58 years.
it was further clarified on 29.3.1979 that such of the employees who do number exercise the option as stipulated in the order referred to just number, shall be deemed to have opted for service in the Road Transport Corporation and for retirement benefits the rules of the Road Transport Corporation would be applicable.
The age of retirement was 55 years as provided under the relevant rules either in the Government Civil Service or the rules of the Corporation.
WITH CIVIL APPEAL NOS.
1976 1681 OF 1991 J U D G M E N T RAJENDRA BABU, J. The respondents in each of these cases were employees of the appellant No.1 having joined the services of the Jammu Kashmir Government Transport which was later on designated as the Government Transport.
Undertaking and subsequently, the said Undertaking was companyverted into the Road Transport Corporation hereinafter referred to as the Corporation in terms of Section 3 of the Road Transport Corporation Act hereinafter referred to as the Act and the employees of the Transport Undertaking are stated to have been absorbed in the said Corporation though they were treated to be on deputation with effect from 1.9.1976 in terms of Section 45 of the Act.
