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Civil · Reportable judgment

S.D. Jayaprakash and Ors. Etc. vs The Union of India & Ors.

Court
Supreme Court of India
Date
29 April 2025
Case No.
Civil Appeal No(s). 5671-5672 of 2025
Result
Partly allowed
Bench
Pamidighantam Sri Narasimha, Joymalya Bagchi
Citation
[2025] 4 S.C.R. 1976 : 2025 INSC 594
Acts & Sections
Central Civil Services (Pension) Rules, 1972
Supreme Court Reports [2025] 4 S.C.R. 1976 : 2025 INSC 594
Issue for consideration
Whether the contractual service rendered prior to the appellants’ regularisation in 2015 ought to be counted towards the payment of their pensionary benefits in accordance with r.17, Central Civil Services (Pension) Rules, 1972.
Headnote

Central Civil Services (Pension) Rules, 1972 – rr.17, 2(g) – Counting of service on contract – Appellants initially appointed on contractual basis and subsequently regularised – Period of contractual service prior to regularisation, if to be counted for grant of pension:

Held: Yes – r.17 deals with counting of service on contract for the purpose of granting pension – Interpreting r.17 in Sheela Devi, this Court held that although r.2(g) excludes contractual employees from their application, r.17 applies once such contractual employee is regularised on a later date – Thus, upon regularisation, the Pension Rules become applicable and r.17 requires that past service as a contractual employee is to be taken into account for calculating pension – Therefore, the contractual service period rendered prior to the appellants’ regularisation in 2015 must be counted towards the payment of their pensionary benefits in accordance with r.17. [Paras 7-9]

Keywords: Contractual employees · Regularisation · Period of contractual service to be counted for pension · Contractual service period prior to regularisation · Payment of pensionary benefits · Consequential benefits · Seniority, Service benefits · Pension · Data Entry Operators · Plan Scheme called ‘Rationalisation of Data Processing Facilities’ on temporary and contractual basis between 1996 and 1999 · Data Entry Operators · Grant of pension

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

Full Judgment Text

Judgment Pamidighantam Sri Narasimha, J. 1. Leave granted. 2. These appeals arise from the Karnataka High Court’s order dated 23.03.20211 by which it held that the appellants, who were initially appointed on contractual basis and subsequently regularised, will not be entitled to seniority, service benefits, and pension for the period In W.P. No. 4712/2016 (S-CAT) c/w W.P. No. 4714/2016 (S-CAT). of their contractual service. Upon consideration of the relevant rules and the decision of this Court in State of H.P. v. Sheela Devi,2 we have partly allowed the present appeals and directed the re
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