Gujarat Civil Services (Pension) Rules,2022, Rule 25 – Service Law – Pension benefits – Qualifying service – Counting of previous service – Rule 25(ix) of the Pension Rules provides that qualifying service for the purpose of calculating terminal benefits / pensionary benefits under the Pension Rules would include prior services rendered by such an person under inter alia the Central Government provided that (i) the employment of such person under the Central Government encompassed an underlying pension scheme; and (ii) such person came to be absorbed by the State Government – Prior employment of the Appellant under the Central Government contemplated an underlying pension -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 –As per respondent No. 1 benefit of Rule 25(ix) of the Pension Rules only to such person(s) who may have explicitly been absorbed by the State Government and not to such persons such as the Appellant who has implicitly been absorbed by the State Government– Held that submission made by respondent No. 1 cannot said to be echoed by any express provision of the Pension Rules nor has any convincing rationale to adopt such an interpretation placed before the Court – High Court erred in its interpretation of Rule 25(ix) of the Pension Rules; and consequently, 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 directed to consider the service rendered by the Appellant to the Central Government in his capacity as Postal Assistant to be considered as qualifying service. (Para 13 to 19)
SUPREME COURT OF INDIA
2024 STPL(Web) 90 SC
[2024 INSC 100]
Vinod Kanjibhai Bhagora Vs. State Of Gujarat & Anr.
CIVIL APPEAL NO(S). 1571 of 2024 [Arising out of Special Leave Petition (Civil) No(s). 16030 of 2018]-Decided on 02-02-2024
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