NDLI: State of Rajasthan & Others Vs. O.p. Gupta

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Pension
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Service Law: Pension – Respondent was initially appointed in 1967 as Assistant Charge Man in the Rajasthan Agriculture Engineering Board from where his services were transferred to the Rajasthan State Agro Industry Corporation, where he worked till 12th April 1977 – Respondent resigned from Rajasthan State Agro Industry Corporation to take up appointment as Assistant Director (Agro-Industries) in the Department of Industries in the State of Rajasthan, after being selected through the RPSC – High Court held that service rendered by respondent/writ petitioner prior to resignation from the Rajasthan State Agro Industry Corporation should be counted for the purpose of pension – Held: There can be no doubt that resignation from service may entail forfeiture of past service – However, sub-rule (2) of r.25 of the Rajasthan Civil Services (Pension) Rules, 1996 carves out an exception – The said sub-rule clarifies that a resignation with proper permission to take up another appointment, whether temporary or permanent, under the Government shall not entail forfeiture of past service – Respondent applied for the post of Assistant Director (AgroIndustries), while he was still in service of the Rajasthan State Agro Industry Corporation, which is also an entity fully controlled by the State of Rajasthan – Respondent having retired after working for about 26 years, the State cannot raise the question of proof of prior permission before resignation, more so when the appointment had been made through the RPSC to a Government post – It is to be presumed that prior permission had been taken unless the contrary could be established by the State – High Court rendered a just decision based on a purposive interpretation of Rule 25(2) of the Rules applied to the admitted facts on record. The interpretation given by the High Court to Rule 25(2) of the Rules is a plausible interpretation. Constitution of India: The State is bound by the fundamental rights of its employees under Arts.14 to 16 of the Constitution of India – It is now well settled that arbitrariness violates the right to equality under Arts.14 to 16 of the Constitution of India. Writ jurisdiction: Relief under Art.226 of the Constitution of India being discretionary, the Courts might in their discretion refuse to entertain the Writ Petition, where there is gross delay on the part of the Writ Petitioner, particularly, where the relief sought would, if granted, unsettle things, which are already settled – In the instant case, although there was a delay of six years in filing the writ petition, however, the laws of limitation do not apply to exercise of jurisdiction under Art.226 of the Constitution of India – Respondent-Writ Petitioner is claiming pension, which is a life long benefit – Denial of pension is a continuing wrong – When financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2022 INSC 980
Petitioner	State Of Rajasthan & Others
Respondent	O.p. Gupta
SCR	[2022] 7 S.C.R. 321
Judgement Date	2022-09-19
Case Number	16734

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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