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Supreme Court of India 2019-04-16 allowed

REGIONAL MANAGER, U.P.S.R.T.C vs MASLAHUDDIN (DEAD)

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

Drivers appointed by U.P. State Road Transport Corporation in 1979 with initial pay scale of Rs.185 were later, from 1982 onwards, given retrospective pay revisions to Rs.335­8­415­10­495 with arrears paid. The Corporation classified them as Group 'C' employees (retirement age 58 years) rather than Group 'D' (retirement age 60 years). Drivers challenged their forced retirement at 58, claiming Group 'D' status based on original pay scale. The Supreme Court held that once employees accepted retrospective pay revision with arrears, they could not simultaneously claim original classification; they fell within Group 'C' and were correctly retired at 58 years. The appeals succeeded and High Court's judgment was reversed.

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Labour Law Service Rules and Regulations Employee Retirement and Superannuation Classification of Employees Pay Scales and Revision Statutory Interpretation

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