Summary
An Auxiliary Nurse Midwife in Gujarat resigned in April 1993 and withdrew the resignation in November 1993 before acceptance; in earlier rounds the Gujarat High Court held she was denied benefits only for the period the resignation was in force and quashed orders treating 1993 to 2001 as unauthorised leave. The State then passed a third order treating 782 days, including a period before the resignation, as unauthorised leave and a break in service, which the High Court upheld. The Supreme Court allowed her appeal: once the dispute attained finality the State could not keep passing successive orders, benefits could be denied only for 18 April to 23 November 1993, and having been on provisional pension for eleven years after voluntary retirement she must be treated as having completed the minimum pensionable service of 25 years, with arrears and six per cent interest.
Issues
- Whether, after High Court judgments had conclusively determined that the employee's withdrawn resignation had no legal effect and that benefits could be denied only for the period the resignation was in force, the State could by a further order treat other periods as unauthorised leave and a break in service so as to deny continuity and pensionable service.
Provisions considered
- Article 226, Constitution of IndiaThe Division Bench judgment of 22.02.2001 and the unappealed judgment of 09.08.2004 settled the effect of the resignation and the entitlement to benefits for the period after its withdrawal; those adjudications bound the State in the third round of proceedings. (¶¶ 2, 3, 4, 6, 13)
Held
- The expression 'for the period for which resignation was in force' cannot be stretched beyond 23 November 1993 when it was withdrawn; of the three periods in the order of 16 July 2005, the 41 days of 1988 predate the resignation, the 220 days of 1993 were already covered by the Division Bench, and the 521 days of 1991 to 1993 were newly set up; it was not open to the State to continue passing successive orders once the dispute had attained finality. (¶¶ 10, 11, 12, 13)
- The appellant retired voluntarily on 30 November 2011 and has received only provisional pension for eleven years, having been credited with 24 years 10 months and 5 days of pensionable service after deduction of 6 years 10 months and 5 days; she shall be treated as having completed the minimum pensionable service of 25 years regardless of any order of the State Government. (¶¶ 14, 15)
Result
Appeal allowed; Gujarat High Court judgment dated 17.02.2009 set aside; appellant to be treated as having completed the minimum pensionable service of 25 years, her pensionary dues computed on that basis within two months and arrears from the date of her voluntary retirement paid within one month thereafter with 6 per cent interest; pending applications disposed of.