VidhiSangh

Supreme Court of India · 19/09/2022

STATE OF RAJASTHAN & OTHERS versus O.P. GUPTA

[2022] 7 S.C.R. 321 · 2022 INSC 980

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Summary

The respondent served from 1967 in the Rajasthan Agriculture Engineering Board and its successor Agro Industry Corporation in pensionable service. In 1977, selected through the RPSC, he resigned to join the State's Industries Department as Assistant Director. He retired in 2003, and the State excluded his 1967–77 service from his pension. The High Court directed that the earlier service be counted under Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996. The Supreme Court dismissed the State's special leave petition. Resignation to take up another government appointment with proper permission does not forfeit past service. After 26 years of service following RPSC selection, prior permission is presumed unless the State proves otherwise. Denial of pension is a continuing wrong, so delay was no bar, and ambiguous pension rules are read in the employee's favour.

Issues

  1. Whether resignation from a State corporation to take up a government post on RPSC selection forfeits past pensionable service under Rule 25 of the Rajasthan Civil Services (Pension) Rules, 1996
  2. Whether the State could resist counting that service for want of proof of prior permission, and whether a six-year delay barred the writ petition

Provisions considered

Held

Result

Special leave petition dismissed. The High Court's direction to count the respondent's service from 1967 to 1977 for pension and retiral benefits was upheld.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 321.