Thought for To- day 24 th April. 2014

I do not have time to worry about those who do not like me. I am too busy in loving people who love me.

Wednesday, April 16, 2014

Counting past Government service of employee( who joined service after tendering resignation) for pension purposes- Decision of Supreme Court

One Mr. Madhukar had put in sevice from 21-6- 1950 to 17-7 1960 in Government of Madhya Pradesh.He resigned on 18-7-1960 and after acceptance of the resignation, he  joined the post of lecturer  In Hislop College, Nagpur on 18-7-1960. He retired from the said post. He was granted pension but while calculating the pension his service from 21-6-1950 to 17-7-1960 was not considered as qualifying service for the pension purposes on the plea that the resignation has entailed the forefeiture of past service as per Rule 46(1) of M.C.S.(pension) Rules 1982. Being aggrieved by this, M made representation contending  that his past  Government Service needs to counted in view of G.R. dated 11-3-1992 issued by Education & Employment Department of Government of Maharashtra. His representation was rejected and therefore he had filed a writ petition in High Court of Bombay, Nagpur Bench. The writ petition was dismissed on the ground that the past service was not tendered by M with prior permission.

The judgement of High court was challeged in Supreme Court in Civil appeal 4470 of 2014 which was decided by the supreme Court on 11-4-2014. The Supreme Court observed that there was no break  in service since M has joined the as lecturer in Hislop College on the very day when his resignation was accepted. Similarly his case is clearly coverd under G.R. dated 11-3-1992 and therefore his past service needs to be counted for the pension purpose. The supreme Court set aside the order of High Court   and directed the respondents State Govt. to count the period of service rendered by the appellant from 21.06.1950 to 18.07.1960 for the purpose of computation of pension and pay the consequential benefits including arrears of pension within three months from the date of this judgment. On failure, the respondents shall be liable to pay interest @ of 8% from the date of filing of the writ petition till the amount is paid.

The above mentioned judgement of the Supreme Court is available on this blog under heading " Recent and Important ". Those  interested may get  it downloaded for their study.