NDLI: Bhartiben Chandrakantbhai Thakor Vs. State of Gujarat and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law: Resignation – Pensionary dues – Appellant Auxiliary Nurse Midwife submitted her resignation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law: Resignation – Pensionary dues – Appellant, Auxiliary Nurse Midwife submitted her resignation, however, withdrew it prior to its acceptance – Subsequently, she was called upon to resume her service but was not allowed to join – Much thereafter an order was passed accepting her resignation – High Court set aside the said order and directed that the appellant was entitled to all consequential benefits – However, the Division Bench modified the order of Single Judge to the extent that the appellant was held not to be entitled to any benefits for the period for which the resignation was in force – On appeal, held: Expression “for the period for which resignation was in force” could not be stretched to a date after the resignation had been withdrawn, before it came into force – It was not open to the State to continue passing successive order of this nature once the dispute over the period of resignation and the manner in which the resignation had to be treated had attained finality – Appellant not entitled to any consequential benefits only for the period between the date of submission her resignation to the date she withdrew her resignation – Appellant has completed 24 years 10 months and 5 days of pensionable service, thus, should be treated to have completed the minimum pensionable service of 25 years – Pensionary dues payable to the appellant to be computed on that basis regardless of any order passed by the State government.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 171
Petitioner	Bhartiben Chandrakantbhai Thakor
Respondent	State Of Gujarat And Others
SCR	[2023] 5 S.C.R. 712
Judgement Date	2023-02-27
Case Number	24

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