VidhiSangh

Supreme Court of India · 02/02/2024

VINOD KANJIBHAI BHAGORA versus STATE OF GUJARAT & ANR.

[2024] 2 S.C.R. 155 · 2024 INSC 100

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

Summary

A former Central Government employee who joined Gujarat service after obtaining a no-objection certificate and tendering a technical resignation was implicitly absorbed for purposes of Rule 25(ix) of the Gujarat Civil Services (Pension) Rules, 2022. His Central Government service had to be counted as qualifying service for pension benefits.

Issues

  1. Whether prior Central Government service counted as qualifying service under Rule 25(ix) when the employee joined State service through fresh recruitment after an NOC and technical resignation.

Provisions considered

Held

Result

The appeal was allowed. The High Court order was set aside and the State was directed to recalculate and pay benefits within six weeks.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 155.