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Civil · Reportable judgment

Director General, Doordarshan Prasar Bharti Corporation of India & Anr. vs Smt. Magi H Desai

Court
Supreme Court of India
Date
24 March 2023
Case No.
Civil Appeal No. 1787 of 2023
Result
Allowed
Bench
M.R. Shah, C.T. Ravikumar
Citation
[2023] 3 S.C.R. 660 : 2023 INSC 290
Supreme Court Reports [2023] 3 S.C.R. 660 : 2023 INSC 290
Headnote

Central Civil Services (Pension) Rules, 1972 – rr. 13, 14 – High Court directed that the services of the respondent rendered as contractual/casual shall be liable to be counted as temporary service for calculating the qualifying service for pensionary/retiral benefits – Held: High Court materially erred in observing that the contractual service would be qualified as service in a temporary capacity – Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment – Neither the rule nor the regularisation scheme provide that services rendered as casual/contractual shall be treated as temporary service and/or the same shall be counted for the purposes of pensionary/service benefits – Impugned judgment passed by the High Court is quashed and set aside – Judgment of the Tribunal dismissing the OA filed by the respondent is restored – Service Law.

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 M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.02.2022 passed by the High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 14592/2021, by which the Division Bench of the High Court has allowed the said writ petition preferred by the respondent herein and has directed that the services of the respondent herein – original writ petitioner rendered as contractual shall be liable to be counted as temporary service for the purpose of calculating the qualifying service for pensionary/retir
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