NDLI: State of Odisha & Ors. Vs. Manju Naik

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1992: rr. 39 Invalid pension 47(5)(i) and 49 Orissa Civil Services (Pension) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Orissa Civil Services (Pension) Rules, 1992: rr. 39, 47(5)(i) and 49 – Invalid pension –Whether the minimum qualifying service prescribed under the Pension Rules can be ignored for the purpose of consideration of invalid pension under r.39 of the Pension Rules – Respondent’s husband retired from service on the ground of mental incapacity and died soon thereafter – His net qualifying service for the benefits under the Pension Rules was 4 years 6 months and 29 days only – Respondent (widow of the employee) was paid gratuity as also the other terminal benefits – After 14 years of death of the employee, the respondent approached the Tribunal for fixation of pay for her husband in the revised scale with effect from 1.1.1996 till his superannuation and also for family pension benefits – Respondent never, however, prayed for invalid pension before the Tribunal – Yet, Tribunal ordered for invalid pension for the respondent’s husband, under r.39 – High Court upheld the order of the Tribunal – On appeal, held: Respondent was paid the service gratuity and she received the same, without any demur – She never raised any claim for invalid pension either at the time of retirement or even when she approached the Tribunal i.e. 14 years later – Nevertheless, the Tribunal went beyond the prayers in the O.A. and ordered for invalid pension and then following his death, ordered for family pension for the widow – In declaring such entitlement, High Court and the Tribunal ignored the qualifying service of 10 years as prescribed in the Pension Rules – Respondent’s husband having not served for 10 years was not entitled for regular pension – For the same reason, he cannot also be held entitled to invalid pension. Service Law: Pension – Invalid pension – Entitlement for – Pension is earned by stint of continuity and longevity of service and minimum qualifying service should, therefore, be understood as the requirement for invalid pension as well – Pension Rules can be harmoniously construed in this manner and in that event, there shall be no clash between different provisions in the said Rules – The condition of qualifying service prescribed in the Pension Rules must be satisfied to become eligible for invalid pension – For those with less than 10 years’ service, the Pension Rules provide for gratuity payment and therefore, for invalid pension, qualifying years of service, cannot be ignored – The different provisions of the Pension Rules cannot be read in isolation and must be construed harmoniously and the requirement of qualifying service cannot be said to be irrelevant for claiming different service benefits under the same Rules – Service law – Orissa Civil Services (Pension) Rules, 1992. Interpretation of statutes: Harmonious construction – Pension Rules – Construction of – When the question arises as to how certain provisions of the Pension Rules are to be understood, it is appropriate to read the provision in its context which would mean reading the statute as a whole – In other words, a particular provision of the statute should be construed with reference to other provisions of the same statute so as to construe the enactment as a whole – An interpretation which involve conflict with two provisions of the same statute should be avoided and effort should be made for harmonious construction – The provision of a Rule cannot be used to defeat another Rule unless it is impossible to effect reconciliation between them – Orissa Civil Services (Pension) Rules, 1992.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2019 INSC 1316
Petitioner	State Of Odisha & Ors.
Respondent	Manju Naik
SCR	[2019] 14 S.C.R. 473
Judgement Date	2019-12-04
Case Number	9204

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