Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 – Superannuation – Bihar Service Code 1952 – r.73 – Bihar Pension Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Bihar Service Code, 1952 – r.73 – Bihar Pension Rules, 1950– Superannuation – Appellant was an employee of Bihar SchoolExamination Board – At the time of entry into service, his age was15 years, 6 months – At that time, the retirement age was 58 yearswhich was by Board’s meeting on 30.03.2005 was extended to 60years – Under Pension Rules, 1950, the minimum age of thequalifying service for pension is 18 years – Minimum age forentering into service under Bihar Service Code, 1952 is notprescribed – Board in its meeting held on 15.01.2004 took decisionthat in case of those who have entered into service prior to attainingage of 18 years, taking their age as 18 years as on the date of theirappointment, they will be superannuated on completion of 60 yearsin case of category 4 and 58 years in case of category 3 – Takingnote of its Resolution dated 15.01.2004, the appellant was informedthat he has completed 42 years of qualifying service which anemployee could render and he stood retired from service aftercompleting 42 years of qualifying service – Whether a person canbe superannuated prior to his attaining the age of 60 years merelybecause he completed 42 years of qualifying service – Held: PerAjay Rastogi, J. – From the scheme of Rules, it is clear thatsuperannuation age prescribed u/r. 73 of the Bihar Service Code,1952 will apply for retirement purpose and a person cannot becontinued beyond the age of completion of 42 years in service takingnote of Pension Rules, 1950 – It clearly manifest that the governmentservant who had completed 42 years of service on attaining theage of 60 years, both implicit, has to be superannuated in terms ofscheme of Rules – Per Indira Banerjee, J. – A person can only beretired on attainment of the prescribed age of retirement unless therules expressly make length of service a criteria for retirement –r.73 of the Bihar Service Code does not prescribe any length ofservice as criteria for retirement – Decision to retire appellant beforehe attained the age of 60 years as per his date of birth as recordedin the service records thus cannot be sustained – Matter referred tolarger bench in view of difference of opinion – Service Law –Contract Act, 1872 – s.11 – Majority Act, 1875 – s.3. |
Judge | Hon'ble Mr. Justice Ajay Rastogi Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2020 INSC 408 |
Petitioner | Gopal Prasad |
Respondent | Bihar School Examination Board And Others |
SCR | [2020] 11 S.C.R. 170 |
Judgement Date | 2020-05-28 |
Case Number | 8225 |
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