VidhiSangh

Supreme Court of India · 27/02/2023

BHARTIBEN CHANDRAKANTBHAI THAKOR versus STATE OF GUJARAT AND OTHERS

[2023] 5 S.C.R. 712 · 2023 INSC 171

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether, after High Court judgments had conclusively determined that the employee's withdrawn resignation had no legal effect and that benefits could be denied only for the period the resignation was in force, the State could by a further order treat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

Held

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.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 712.