Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Pension |
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 - Entitlement - Ex-serviceman - Re-employment on civil side - Employee getting pension and gratuity from defence - Claim for pension on civil side - Denied on the ground of not completing requisite period of service - Counting of defence service denied - High Court directing grant of pension - On appeal, held: Employee not entitled to pension contrary to statutory rules - Defence service cannot be counted for the purpose of pension in view of emergency Rules since the employee had joined the defence service prior to emergency period - Punjab Civil Service Rules, 1970 - rr. 17.3, 17.4 and 17.5 - Punjab Government National Emergency (Concession) Rules, 1965.Respondent No.1, joined Indian Army on 13.9.1961 as a Sepoy. He, on getting teacher's training, was appointed as Education Instructor. After his retirement, he got re-employed as JBT Teacher in the State Education Department. He had received gratuity from defence and was also drawing defence pension at the time of joining; He submitted his pension case before his superannuation as a teacher. It was rejected by the concerned authorities on the ground that the service rendered by him on civil side was less than ten years and his defence service could not be counted in the civil side. Respondent No.1 filed Writ Petition seeking relief of pension by counting his defence service. High Court allowed the Writ Petition.In appeal, appellant-State contended that the respondent was not entitled to the pension as he had not requisite years of service; and that his defence service could not be counted by virtue of Punjab Government National Emergency Rules, 1965 as he had joined army service in 1961 i.e. prior to the period of emergency i.e. 26.10.1962 to 9.1.1968. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1113 |
Petitioner | State Of Punjab And Ors. |
Respondent | Harbhajan Singh And Anr. |
SCR | [2007] 11 S.C.R. 752 |
Judgement Date | 2007-10-31 |
Case Number | 5065 |
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