Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1972 Central Civil Services (Pensionary) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service LawCentral Civil Services (Pensionary) Rules, 1972: Rules 13.28. Pensionary benefit-Qualifying service-Commencement of-Interruption in service-Condonation of-Service rendered temporarily as Pool Officer under the control of Council of Scientific and Industrial Research-Incumbent resigned from the Post-Later got substantive appointment under Government of India-Held, service rendered as Pool Officer cannot be counted towards qualifying service as there was interruption between temporary service of respondent as Pool Officer and subsequent substantive appointment.Interpretation of Statutes.Rule of harmonious construction-Applicability of.The Government of India in consultation with the Council of Scientific and Industrial Research constituted a Pool for well qualified Scientists and technologists returning to the country from abroad. While in the Pool, they were temporarily attached to Government or semi-Government institutions till their absorption on suitable posts on permanent basis. Their conditions of service were regulated by the regulations were framed by the Council and till such regulations were framed, they were governed by the regulations applicable to temporary Class-I Officers of the Council.Respondent No. 1 was appointed a as Pool Officer by letter dated 7.4.1965 issued by the Council and was attached with the Regional Research Laboratory of the Council Hyderabad. He resigned from the post on 5.3.1969 and joined as Assistant Director (Chemistry), Forensic Science Laboratory (CBI) on 10.6.1969. After serving in different departments of the Government of India he retired on superannuation on 31.12.1992. He filed an application before the Central Administrative Tribunal for a direction that his service as Pool Officer rendered in the Council from 1.7.1965 to 5.3.1969 be counted for pensionary benefits. The Tribunal allowed the claim. Aggrieved, the Director of the Council filed the appeal by special leave. |
Judge | Hon'ble Mr. Justice B.L. Hansaria |
Neutral Citation | 1995 INSC 124 |
Petitioner | The Director General, Council Of Scientific And Industrial Research |
Respondent | Dr. K. Narayanaswami And Ors. |
SCR | [1995] 2 S.C.R. 142 |
Judgement Date | 1995-02-21 |
Case Number | 2576 |
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