Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Voluntary retirement Pension Claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Pension – Claim for – Voluntary retirement taken on 2.2.1988 – Fresh appointment on 3.8.1994 on the recommendation of Education Minister – The Board of School Education decided to condone the period from 2.2.1988 to 2.8.1994 by treating the same as leave without pay for continuity of service for the purpose of pension and seniority – There were Audit objections stating that the relevant rule 4.23 of Punjab Civil Services Rules, Vol. III, only authorised condonation of break of service upto one year duration and that period from 2.2.1988 to 2.8.1994 could be condoned only by relaxing r. 4.23 – Board’s request for relaxation in r. 4.23 was declined – On retirement, retiral benefits of only re-employment given – Writ petition claiming pension and other retiral benefits for the entire service period by adding interruption period in his service – Writ petition was dismissed – Review as well as Letters Patent appeal against the order of Single Judge dismissed – Appeal to Supreme Court – Held: When the statute does not permit condonation of interruption of period from 2.2.1988 to 2.8.1994 and relaxation of the relevant rule i.e. r. 4.23 had been refused, no fault can be found in the decision of respondent refusing to grant the benefit of condonation by adding the earlier period of service – Appellant’s period of service after fresh appointment being less than qualifying service of 10 years, he was not entitled to pension – Punjab Civil Services Rules, Volume II – r. 4.23. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 2 |
Petitioner | Surinder Nath Kesar |
Respondent | Board Of School Education & Ors. |
SCR | [2020] 1 S.C.R. 329 |
Judgement Date | 2020-01-06 |
Case Number | 9682 |
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