Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Civil Services (Pension) Rules 1972 Pension Qualifying years of service Calculation of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Central Civil Services (Pension) Rules, 1972: Pension – Qualifying years of service – Calculation of – Services rendered by employees in the postal department as Gramin Dak Sevaks (GDS) after they got selected in regular posts in the said department – Computation for determining their qualifying service for entitlement to pension – Held: Services rendered by the respondents as GDS or other Extra–Departmental Agents cannot be factored in for computing their qualifying services in regular posts under the postal department for the grant of pension – On facts, respondents not found eligible for pension as their services fell short of the qualifying period of 10 years – Employees deserve sympathetic consideration for grant of pension if undue hardship is caused to them – Authorities to consider their cases for exercising the power to relax the mandatory requirement of qualifying service under the 1972 Rules – In case pension order has been issued to the respondent, the same shall not be disturbed – As regards, other respondents, who have not been issued any order for pension, the department to consider their cases – Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2019 INSC 1226 |
Petitioner | Union Of India & Ors. |
Respondent | Gandiba Behera |
SCR | [2019] 13 S.C.R. 1136 |
Judgement Date | 2019-11-08 |
Case Number | 8497 |
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