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For claiming equity in retirement benefits, same service conditions are must

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Retirement Benefits - Articles 14 and 21 of the Constitution as benefits are based on grounds of intelligible differentia - Whether by extending benefits to the retired whole time Directors (Chairman, Managing Director, Executive Directors) is discriminatory vis-à-vis all other retired bank employees including the petitioner?
Citation :
J.K. Sawhney v. Punjab National Bank (Decided on 19.04.2010) MANU/DE/0829/2010

Held, no parity can be claimed by these bank employees of various ranks with that of the Executive Directors and CMDs etc. The case of the petitioner is not that although they are equal to those directors of the bank but they are still being discriminated as similar treatment is not meted out to them. The service conditions of the Executive Directors of the Bank, drafted by the Central Government are not at par with that of the petitioner and therefore the petitioner cannot claim being a victim of any discrimination by virtue of medical reimbursement being denied, as all of them are governed by a separate set of service conditions. Petition dismissed.


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Published in Labour & Service Law
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