Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judiciary: Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Police Act, 1861 (5 of 1861) Bihar Reorganisation Act, 2000 (30 of 2000) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judiciary: Pension – Whether services rendered by the appellants as Fast Track Courts Judges to be counted for their pensionary and other benefits, the appellants having joined the regular judicial service thereafter – Held: The appellants were part of the initial select list/merit list for recruitment to the regular cadre strength but were not high enough to be recruited in the existing strength – Even at the stage of absorption in the regular cadre strength, they went through a defined process and continued to work thereafter – Thus, they were not appointed to the Fast Track courts just at the whim and fancy of any person, but were the next in line on the merit list of a judicial recruitment process – They were either part of the select list, who could not find a place given the cadre strength, or those next in line in the select list – Had there been adequate cadre strength, the recruitment process would have resulted in their appointment – These Judges have rendered services over a period of nine years and have performed their role as Judges to the satisfaction, otherwise there would have been no occasion for their appointment to the regular cadre strength – Not only that, they also went through a second process for such recruitment – The methodology of non-creation of adequate regular cadre posts and the consequent establishment of Fast Track courts manned by the appellants cannot be used as a ruse to deny the dues of the appellants – All the appellants and Judicial Officers identically situated are entitled to the benefit of the period of service rendered as Fast Track Court Judges to be counted for their length of service in determination of their pension and retiral benefits. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 507 |
Petitioner | Mahesh Chandra Verma |
Respondent | The State Of Jharkhand Through: Its Chief Secretary & Ors. |
SCR | [2018] 5 S.C.R. 719 |
Judgement Date | 2018-05-11 |
Case Number | 4782 |
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