AP. SRIVASTAVA (DEAD) BY LRS. versus UNION OF INDIA AND ORS.

AP. SRIVASTAVA (DEAD) BY LRS. versus UNION OF INDIA AND ORS.

A temporary government servant who has completed more than 20 years of service is entitled to pension even if compulsorily retired by the employer in exercise of power under Rule 56(J) of the Fundamental Rules.

Parties
Appellant: AP. Srivastava (Dead) by LRs.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
20 September 1995
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, Principal Bench, New Delhi, in O.a. No. 653 of 1988
Outcome
Appeal allowed
Legal Topics
Pension, Compulsory Retirement, Temporary Government Servant, Fundamental Rules, Rule 56(j)
Service Law Pension Compulsory Retirement Temporary Government Servant Fundamental Rules Rule 56(j)

Case Brief

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Parties

AP. Srivastava (Dead) by LRs.

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, Principal Bench, New Delhi, in O.a. No. 653 of 1988

Legal Issues

  1. 1 Whether a temporary government servant who is compulsorily retired after completing more than 20 years of service under Fundamental Rule 56(J)(ii) is entitled to pension.

Ratio Decidendi

A temporary government servant who has completed more than 20 years of service is entitled to pension even if compulsorily retired by the employer in exercise of power under Rule 56(J) of the Fundamental Rules.

Court Disposition

Appeal allowed

Orders

  • Direction of the Tribunal set aside; appellant held entitled to pension as he has rendered more than 20 years of service.
  • No order as to costs.