(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. All the appeals are preferred from common judgement and oral order dated 19.10.2011 of learned Single Judge, rejecting the petitions of the appellants wherein pension was claimed. As recorded in the first para of the impugned order itself, the appellants, erstwhile employees of the respondent-municipal corporation whose services were put to an end on 09.05.1988 pursuant to a tripartite agreement between the Union of Employees, Gujarat Electricity Board and authorized representative of Municipal Corporation of Baroda and pursuant to that compromise, an amount towards compensation was to be paid, have accepted the amounts and for all of 22 years the compromise had remained unchallenged. The appellants sought direction on the ground that when their services came to an end pursuant to the compromise, all the petitioners had rendered not less than 10 years of service and hence, they were entitled to pension under the rules applicable to the municipal corporation. The appellants had based their claim on the premise that pension was not a bounty or charity but it was a fundamental right of the appellants to receive pension; and when it was not paid, delay by itself could not come in the way of the appellants.
2. There is no dispute about the facts that, under the tripartite agreement, the appellants had agreed to accept a lumpsum payment in lieu of loss of future pension and such lumpsum amounts in lieu of future loss of pension were paid to and accepted by the appellants. Under the circumstances, petitions of the appellant were found to be not only misconceived but barred by delay and laches. Arguing before this Court, learned counsel Mr. Joshi, appearing for the appellants, could not point out any legal provision under which any right to claim pension was vested in the appellants or any provision or precedent under which the compromise consciously signed on behalf of the appellants and receipt of amounts in lieu of pension could be ignored. Therefore, the appeals are found to be wholly devoid of any substance and hence, dismissed.
[D.H.WAGHELA, J.] [MOHINDER PAL, J.] JYOTI Top