VidhiSangh

Supreme Court of India · 06/01/2020

SURINDER NATH KESAR versus BOARD OF SCHOOL EDUCATION & ORS.

[2020] 1 S.C.R. 329 · 2020 INSC 2

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Summary

An employee voluntarily retired and later freshly appointed could not combine the two service spells for pension by condoning a break exceeding six years. The Haryana version of Rule 4.23 permitted interruption of at most one year, and the Government had refused relaxation. The Court sustained dismissal of the claim on that ground, correcting the High Court’s reliance on a different version of the rules.

Issues

  1. Which version of the pension rules applied in Haryana.
  2. Whether the interruption could be condoned despite the one-year limit and refusal of relaxation.

Provisions considered

Held

Result

Appeal dismissed. Refusal to condone the interruption and combine the earlier service for pension was upheld under the Haryana rules and the Government’s refusal of relaxation.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 329.