Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Pensionary benefits - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Pensionary benefits - Whether the entire service of a casual worker after obtaining temporary status till his regular absorption on a post is entitled to be reckoned for pensionary benefit or only 50 per cent period of such service can be reckoned for pensionary benefit - Held: Casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension - The case worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension - Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entitled to reckon the entire period from date of taking charge to such post as per r.20 of Rules, 1993 - In deserving case, it is open to Pension Sanctioning Authority to recommend for relaxation to E the Railway Board for dispensing with or relaxing requirement of any rule with regard to those casual workers who have been subsequently absorbed against the post and do not fulfill the requirement of existing rule for grant of pension - Railway Service (Pension) Rules, 1993 - r.20. Railway Service (Pension) Rules, 1993 - r.20 -Applicability of - Held: r.20 is not attracted in a case where only a temporary status is granted to casual worker and no appointment is made in any capacity against any post. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 267 |
Petitioner | Union Of India & Ors. |
Respondent | Rakesh Kumar & Ors. |
SCR | [2017] 3 S.C.R. 783 |
Judgement Date | 2017-03-24 |
Case Number | 3938 |
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