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Civil · Reportable judgment

Bhartiben Chandrakantbhai Thakor vs State of Gujarat and Others

Court
Supreme Court of India
Date
27 February 2023
Case No.
Civil Appeal No 24 of 2013
Result
Allowed
Bench
D.Y. Chandrachud, Pamidighantam Sri Narasimha, J.B. Pardiwala
Citation
[2023] 5 S.C.R. 712 : 2023 INSC 171
Supreme Court Reports [2023] 5 S.C.R. 712 : 2023 INSC 171
Headnote

Service law: Resignation – Pensionary dues – Appellant, Auxiliary Nurse Midwife submitted her resignation, however, withdrew it prior to its acceptance – Subsequently, she was called upon to resume her service but was not allowed to join – Much thereafter an order was passed accepting her resignation – High Court set aside the said order and directed that the appellant was entitled to all consequential benefits – However, the Division Bench modified the order of Single Judge to the extent that the appellant was held not to be entitled to any benefits for the period for which the resignation was in force – On appeal, held: Expression “for the period for which resignation was in force” could not be stretched to a date after the resignation had been withdrawn, before it came into force – It was not open to the State to continue passing successive order of this nature once the dispute over the period of resignation and the manner in which the resignation had to be treated had attained finality – Appellant not entitled to any consequential benefits only for the period between the date of submission her resignation to the date she withdrew her resignation – Appellant has completed

24 years 10 months and 5 days of pensionable service, thus, should be treated to have completed the minimum pensionable service of

25 years – Pensionary dues payable to the appellant to be computed on that basis regardless of any order passed by the State government.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The appellant was appointed as an Auxiliary Nurse Midwife by the District Panchayat, Valsad on 15 January 1980. She submitted her resignation from service on 18 April 1993, but on 23 November 1993, withdrew it. On 20 December 1993, she was called upon to resume service. She was however not permitted to join until 16 April 1994. On 23/26 December 1994, an order was passed accepting her resignation with effect from 31 March 1993. This gave rise to the institution of a pet
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