Vinod Kanjibhai Bhagora vs State of Gujarat & Anr.

Court

Supreme Court of India

Date

2 February 2024

Case No.

Civil Appeal No. 1571 of 2024

Bench

Vikram Nath

Citation

[2024] 2 S.C.R. 155 : 2024 INSC 100

Acts & Sections

Gujarat Civil Services (Pension) Rules, 2022 Constitution

Issue for consideration

Whether the Appellant’s subsequent employment with the State Government could be construed to mean that the Appellant had been ‘absorbed’ by the State Government, such that the Appellants’ prior service with the Central Government would be considered as a part of ‘qualifying service’ in terms of Rule 25(ix) of the Gujarat Civil Services (Pension) Rules, 2022.

Headnote

Gujarat Civil Services (Pension) Rules, 2022 – r.25(ix) – Interpretation – Qualifying Service – Inclusion of the period of service rendered to the Central Government as a part of ‘qualifying service’ under the State Government’s Pension Rules: Held: Pension schemes floated by the State Government form a part of delegated beneficial legislation; and ought to be interpreted widely subject to such interpretation not running contrary to the express provisions of the Pension Rules – State Government is a model employer; and ought to uphold principles of fairness and clarity –The interpretation sought to be advanced is narrow and restrictive so as to limit the benefit of r.25(ix) only to such person(s) who may have explicitly been absorbed by the State Government as against persons such as the Appellant herein who had most certainly, implicitly been absorbed by the State Government i.e., the 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 – High Court erred in its interpretation of r.25(ix) and 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 to consider the service rendered by the Appellant to the Central Government in his capacity as Postal Assistant in the Gandhinagar Postal Division to be considered as qualifying service and re-calculate the terminal benefits/pensionary benefits – Impugned order set aside. [Paras 17-20, 22]

Service Law – Pension – Grant of – raison d’etre – Discussed. [Para 10]

Order 1. Leave granted. The decision of the High Court of Gujarat (the “High Court”) in Special Civil Application No. 22341 of 2017 whereunder, the High Court declined to exercise its jurisdiction under Article 226 of the Constitution of India, is assailed before us (the “Impugned Order”). 2. The Appellant was engaged by the Central Government as a Postal Assistant in the Gandhinagar Postal Division on 12.08.1983 and thereafter continued to serve in the aforesaid role up until 16.07.1993. 3. In the interregnum, an invitation for application(s) for recruitment to the post of Senior Assistant

View Subscription Plans →