Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Pension – Appellant worked in Telecom Department during the period 05.02.1974 to 31.05.1984 – On 04.06.1984, he joined Public Sector Undertaking owned by State Government and worked there till 31.05.1987 – On 31.05.1987, through Public Service Commission, he joined the Technical Education Department and served there for 19 years and on reaching superannuation, retired on 30.06.2006 – Appellant made claim for pension, by reckoning the service rendered during the period 05.02.1974 to 31.05.1984 in the Telecom Department which was service under Central Government – Held: Government Order dated 24.09.2014 made with reference to Rule 29(a) Part III Kerala Service Rules indicated that the benefit sought for by the appellant is provided and the sandwiched non qualifying service as break in the two services is condonable and the prior public service shall be reckoned as qualifying service for pension – The said Government Order has taken note of the several requests received to reckon the prior qualifying service – Further, the main aspect of reckoning the service rendered in Central Government for pensionary benefit after joining State Government service was given effect through the Government Order dated 12.11.2002 and 06.12.2003 i.e., when the appellant was still in State Government service and had not retired – The issue of condoning the break i.e., the sandwich period was claimed immediately on retirement and it was still being agitated – Appellant entitled to relief claimed. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 656 |
Petitioner | Valsan P. |
Respondent | The State Of Kerala And Ors. |
SCR | [2021] 10 S.C.R. 72 |
Judgement Date | 2021-10-21 |
Case Number | 6292 |
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