Hon'ble Judges/Coram:
K. Venkataswami and A.P. Misra

JUDGMENT

A.P. Misra, J.

1. The short question for consideration is, whether the appellants, who were all drivers and conductors in the Jammu and Kashmir State Road Transport Corporation, are entitled to the pensionary benefits in terms of Government order dated 3rd October, 1986 when they retired from service of the Corporation prior to 9th June, 1981.

2. In the year 1947, the Government Transport Undertaking (hereinafter refereed to as 'Undertaking' was formed in the State of Jammu and Kashmir to render transport services to its people. The appellants were employed as drivers and conductors from the year 1950 onwards. Initially, they were in service with the aforesaid undertaking and later with the Road Transport Corporation (hereinafter referred to as 'Corporation'). This corporation was formed in the year 1976. All the appellants served in the State organisations for various terms ranging from 30 to 40 years. On 9th April, 1969 the State Undertaking was made a permanent department of the State Government. On. 1st September, 1976, the aforesaid Corporation was formed in terms of State Road Transport Corporation Act, 1950, which was made applicable to the State of Jammu and Kashmir by virtue of Act No. 25 of 1968. As a consequence, the Government employees serving with the State Undertaking were treated on deputation with the State Corporation. The Government oscillated with its decision the terms on which to confer pensionary benefits. Hence, it issued various orders in the years 1972 to 1974, all being made applicable from 9th April, 1969 vide Government's order dated 27th March, 1979. By this, the option for drawing pension and other benefits was given to the appellants and others retired or seek to retire from the Corporation. The appellants, however, continued to be the State Government employees. Thereafter, on 9th June, 1981 through Regulation No. 177 the States Civil Services Regulation was amended by adding 3rd proviso to it. By that, a temporary Government servant with 20 years' service on the date of superannuation was also entitled to draw pension. Then came the aforesaid Government order dated 3rd October, 1986 for exercising option even to those already retired for drawing pension as admissible under the normal rule applicable to a permanent government employee which was also given to the appellants and others to which the appellants opted. Admittedly, with reference to this Government order dated 3rd October, 1986 vide a Notification dated 20.4.1987, the appellants and others belonging to the erstwhile Undertaking were declared permanent in the aforesaid Corporation retrospectively to all those who were temporary upto 31st August, 1976. The case of the appellants is that some of the drivers similarly placed were granted pension under it but the same is refused to the appellants.