Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Statute of Aligarh Muslim University-Statutes 61(6)(iv) and (v)- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Statute of Aligarh Muslim University - Statutes 61(6)(iv) and (v) - Benefit of past service with another employer - For grant of pensionary and other retiral benefits - To professor-Benefit denied by employer - University since the employee had not applied through proper channel from the previous employer-University - High Court permitting grant of such benefit subject to refund of the retiral benefits from the previous employer - On appeal, held: Employee is not entitled to the benefit of computation of past service for the purpose of retiral benefits - He had neither applied through proper channel, nor had he gone for the option within prescribed time to take retiral benefits on deposit of such benefits received from the previous employer - Compliance of the dictate under the statute to opt for such benefit within prescribed time was mandatory - General Rules and Regulation of the Council relating to sanction for Payment of Pension and Gratuity - r. 6A. Interpretation of Statutes - Brushing aside words in a statute as being inapposite surplusage - Held: Is not a sound principle of Construction - Courts always presume that legislature inserted every part thereof for a purpose, legislative intent being that every part of statute should have effect.Respondent, after resigning from Benaras Hindu University in 1979, joined University of Yemen. Working there for 7 years, he joined Shillong University. After resigning from there, he joined Aligarh Muslim University (AMU) on 14.04.1987. After his retirement, he requested for counting his service in Benaras Hindu University for the purpose of payment of pension and other retiral benefits. The same was declined by AMU. He filed Writ Petition. In rejoinder affidavit, respondent stated that he had exercised the option regarding counting of his past service as required by the Statute of AMU, by letter dated 28.01.1989. High Court, relying on the letter dated 28.01.1989, held that his services rendered in Benaras Hindu University shall be taken into consideration for the purpose of payment of pension and other retiral benefits. The Court also directed the respondent to deposit the amount of gratuity received from Benaras Hindu University with interest. Hence the present appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 898 |
Petitioner | Visitor And Ors. |
Respondent | K.s.misra |
SCR | [2007] 9 S.C.R. 763 |
Judgement Date | 2007-09-06 |
Case Number | 4102 |
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