Summary
The Court held that invalid pension under the applicable Orissa Pension Rules required the same minimum ten years of qualifying service prescribed for pension generally. Rule 39 could not be read separately from Rule 47, which provided service gratuity for shorter service. The deceased employee had less than ten years, and gratuity and other benefits had already been paid. The Tribunal had also granted invalid pension although the widow had not sought that relief in her application.
Issues
- Whether invalid pension under Rule 39 dispensed with the ten-year qualifying-service requirement in Rule 47.
- Whether the Tribunal properly granted invalid pension beyond the relief sought.
Provisions considered
- Rules 39(1), 47(2)(b) and 47(5)(i), Orissa Civil Services (Pension) Rules, 1992Read harmoniously, the invalid-pension provision remained subject to ten years of qualifying service, with service gratuity prescribed for shorter service. (¶¶ 13, 18, 20, 21, 25)
Held
- Provisions of the same pension rules had to be read together. Rule 39’s provision for retirement on permanent bodily or mental incapacity did not override the minimum qualifying service and alternate gratuity scheme in Rule 47. (¶¶ 13, 18, 20, 21)
- The employee’s qualifying service fell short of ten years, making service gratuity rather than invalid pension payable under these rules. The Court reiterated the similar construction in Bashirbhai R. Khiliji. (¶¶ 14, 15, 21, 22, 23, 25)
- The widow had received the permissible terminal benefits and compassionate appointment. The Tribunal and High Court nevertheless granted invalid pension not claimed in the original application; that additional relief was unwarranted. (¶¶ 16, 19, 24, 26)
Result
Appeal allowed. Tribunal and High Court orders set aside. Parties directed to bear their own costs.