S.D. JAYAPRAKASH AND ORS. ETC. versus THE UNION OF INDIA & ORS.

S.D. JAYAPRAKASH AND ORS. ETC. versus THE UNION OF INDIA & ORS.

Rule 17 of the Central Civil Services (Pension) Rules applies to employees initially engaged on contract once they are regularised; therefore the period of contractual service prior to regularisation must be counted for pension, and the Union of India is directed to provide the mechanism for exercising the option and notify amounts payable under Rule 17.

Parties
Appellants: S.D. Jayaprakash and Ors.; Respondents: The Union of India & Ors.
Jurisdiction
India
Judgment Date
29 April 2025
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment Dated 23.03.2021
Outcome
Appeals partly allowed.
Legal Topics
Counting of Contractual Service for Pension, Regularisation of Contractual Employees, Rule 17 Central Civil Services (pension) Rules, 1972, Contributory Provident Fund Option
Pension Law Service Law Administrative Law Counting of Contractual Service for Pension Regularisation of Contractual Employees Rule 17 Central Civil Services (pension) Rules, 1972 Contributory Provident Fund Option

Case Brief

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Parties

S.D. Jayaprakash and Ors.

Appellants

The Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment Dated 23.03.2021

Legal Issues

  1. 1 Whether period of contractual service prior to regularisation must be counted for grant of pension under Rule 17 of the Central Civil Services (Pension) Rules, 1972.

Ratio Decidendi

Rule 17 of the Central Civil Services (Pension) Rules applies to employees initially engaged on contract once they are regularised; therefore the period of contractual service prior to regularisation must be counted for pension, and the Union of India is directed to provide the mechanism for exercising the option and notify amounts payable under Rule 17.

Court Disposition

Appeals partly allowed.

Orders

  • Impugned order of the High Court dated 23.03.2021 in W.P. No. 4712/2016 c/w W.P. No. 4714/2016 is set aside to the extent indicated regarding pension.
  • The respondent Union of India is directed to take immediate steps to indicate the mode and manner for the appellants to exercise the option under Rule 17 of the Central Civil Services (Pension) Rules, 1972 and to notify the amounts the appellants would have to remit if they opt for pension under the Rules.