Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jharkhand Pension Rules Pension Baliram Singh case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Jharkhand Pension Rules – rr. 58, 59 & 31, 38 – Appellants were appointed under a Project, co-sponsored by Central Government and State Government, in the erstwhile undivided State of Bihar between 1978-1990 – Appellants’ services fell in the successor State of Jharkhand, formed in 2000 – Government of India by a policy decision closed the Project – Govt. of Jharkhand declared the employees to be surplus w.e.f. 16.05.2001 – It issued notification for absorption of the employees engaged in the Project in various Departments – As per Clauses 11 & 12 of the said notification, surplus employees absorbed were to be treated as new appointments and services rendered by them prior to their declaration as surplus were not be counted for the purpose of their seniority and pay protection – 59 writ petitions were filed inter alia claiming pensionary benefits, commonly challenging Clauses 11 & 12 – High Court declined the claim for pension – Held: Entire case is based upon r.59 and Circular dated 12.08.1969 of the erstwhile State of Bihar – r.59 empowers the State Government to declare any specified kind of service rendered in a non-gazetted service to qualify for pension, provided that the salary is paid from general revenue – r.58 contemplates three conditions required to be satisfied for services to be pensionable – At best, the appellants satisfied only the third condition therein – Further, Circular dated 12.08.1969 deals with pensionary benefits to a temporary govt. servant – Appellants, engaged under the Project i.e. a scheme, were never appointed by the Government either on temporary or permanent basis – Benefit of such Circular cannot be claimed by them – Still further, notification for absorption dtd. 30.05.07 and subsequent letter of appointments do not contain any condition that the services rendered by appellants under the Project shall qualify for pension – Policy decision contemplates that it is a fresh appointment and no benefit either of seniority or pay protection shall be given – Appellants have not disputed such condition of appointment – Circular dated 12.08.1969 is not even remotely applicable to the employees appointed under the Project as the very nature of the appointment was for a specific purpose and not for unlimited period of time – No error in the order passed by High Court – C.A.No. 544 of 2020 is disposed of in the same terms as in Baliram Singh case – Bihar Pension Rules, 1950 – r.103. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 149 |
Petitioner | Parmeshwar Nanda Etc. |
Respondent | The State Of Jharkhand Through Chief Secretary & Ors. Etc. |
SCR | [2020] 3 S.C.R. 680 |
Judgement Date | 2020-02-07 |
Case Number | 505 |
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