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Civil · Reportable judgment

Vijay Kumar Joshi vs Akash Tripathi & Ors.

Court
Supreme Court of India
Date
13 May 2025
Case No.
Civil Appeal No. 6652 of 2025
Result
Allowed
Bench
Vikram Nath, Prasanna Bhalachandra Varale
Citation
[2025] 6 S.C.R. 402 : 2025 INSC 670
Acts & Sections
Madhya Pradesh Civil Services (Pension)… Constitution
Supreme Court Reports [2025] 6 S.C.R. 402 : 2025 INSC 670
Issue for consideration
Issue arose with regards to admissibility of pension to the employees of the Co-operative Societies who were absorbed with the Madhya Pradesh State Electricity Board (MPSEB); if the answer to the same is yes then what would be the length of service to be counted i.e. whether the service rendered in the Society would also be counted for determining the qualifying period for calculation of pension or only the service rendered after absorption in the MPSEB would be counted.
Headnote

Madhya Pradesh Civil Services (Pension) Rules – rr.3(p), 12(2), 13(1) – Admissibility of pension to the employees of the Societies absorbed with the Madhya Pradesh State Electricity Board (MPSEB) – Whether qualifying period for pension should be calculated from the date of their joining in the Society or from the date of absorption into the MPSEB:

Held: Appellants are entitled to pension from the MPSEB, however, the period of service rendered in the Society prior to absorption cannot be counted because such service was not under the State Government and was not governed by its rules – Thus, the appellants are eligible for pension from the date of their absorption into MPSEB, from which point they became employees governed by State rules – Impugned orders modified – Constitution of India – Art.142. [Paras 25, 26]

Service Law – Absorption – Pension – Entitlement to: Held: Upon merger or absorption, the original identity of the service ceases to exist and complete functional integration must follow – Full functional integration carries with it the rights and benefits attached to the new service – It would be unjust to deny pension benefits to the absorbed employees when they are performing the same duties and discharging the same responsibilities as other MPSEB employees – Further in the case of Bijli Karamchari Sangh, the employees’ Union, relief was already granted partially – Thus, there cannot be two classes of employees in the same organisation – All the absorbed employees are entitled to pension in the peculiar facts and circumstances of the present case. [Paras 20, 22, 23]

Keywords: Absorption · Merger · Pension · Madhya Pradesh State Electricity Board (MPSEB) · Co-operative Societies · Terms of absorption · Pension payable · Rules of concerned society · Regular employees of MPSEB · Qualifying period for calculation of pension · Service rendered in the Society · Service rendered after absorption in the MPSEB · Date of joining in the Society · Date of absorption into the MPSEB · Two classes of employees in same organization · Unjust discrimination · Qualifying period for 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 Vikram Nath, J. 1. Leave granted in all the Special Leave Petitions. 2. The present appeals, except the two mentioned in paragraph 3 hereafter, assail the correctness of the judgment and order dated 22.08.2019 passed by the Full Bench of the High Court of Madhya Pradesh at Jabalpur in a bunch of Writ Appeals whereby it answered the two questions referred to it and held that the judgment of the Division Bench in the Writ Appeal No.334 of 2015, holding that the employees of the Society were entitled to pension, did not lay down the correct law and further that the employees were not
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