Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prior service Pension Technical resignation Qualifying service Subsequent employment Absorbed |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 'Gujarat Civil Services (Pension) Rules, 2022 – r.25(ix) – Interpretation – Qualifying Service – Inclusion of the period of service rendered to the Central Government as a part of ‘qualifying service’ under the State Government’s Pension Rules: Held: Pension schemes floated by the State Government form a part of delegated beneficial legislation; and ought to be interpreted widely subject to such interpretation not running contrary to the express provisions of the Pension Rules – State Government is a model employer; and ought to uphold principles of fairness and clarity –The interpretation sought to be advanced is narrow and restrictive so as to limit the benefit of r.25(ix) only to such person(s) who may have explicitly been absorbed by the State Government as against persons such as the Appellant herein who had most certainly, implicitly been absorbed by the State Government i.e., the Appellants’ participation in the selection process was prefaced by an NOC from the Central Government; and subsequently was followed by the tender of a technical resignation to the Central Government upon securing employment with the State Government – High Court erred in its interpretation of r.25(ix) and unfairly deprived the Appellant from seeking inclusion of the period of service rendered to the Central Government as a part of ‘qualifying service’ under the Pension Rules – Respondent No.1 to consider the service rendered by the Appellant to the Central Government in his capacity as Postal Assistant in the Gandhinagar Postal Division to be considered as qualifying service and re-calculate the terminal benefits/pensionary benefits – Impugned order set aside. [Paras 17-20, 22] Service Law – Pension – Grant of – raison d’etre – Discussed. [Para 10] |
Judge | N/A |
Neutral Citation | 2024 INSC 100 |
Petitioner | Vinod Kanjibhai Bhagore |
Respondent | State Of Gujarat & Anr. |
SCR | [2024] 2 S.C.R. 155 |
Judgement Date | 2024-02-02 |
Case Number | 1571 |
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