SH. BAU NATH GUPTA versus STATE OF BIHAR AND ORS.

SH. BAU NATH GUPTA versus STATE OF BIHAR AND ORS.

Since the appellant has not rendered 10 years of qualifying service in State of U.P., he is not eligible for proportionate pension from State of U.P., even if it is assumed without deciding whether Central rule would apply to a Government servant under two State Governments. Entitlement to interest on delayed payment of pension depends on whether Government of Bihar was responsible for delay, to be decided upon petition by appellant.

Parties
Appellant: Bau Nath Gupta; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
12 August 1996
Procedural Posture
Civil Appeal / Appeal Disposed
Outcome
Appeal disposed of
Legal Topics
Pension, Interest on Delayed Pension Payment
Service Law Pension Interest on Delayed Pension Payment

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Parties

Bau Nath Gupta

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed

Legal Issues

  1. 1 Entitlement to proportionate pension from State of U.P. for period of temporary service
  2. 2 Entitlement to interest on delayed payment of pension by State of Bihar

Ratio Decidendi

Since the appellant has not rendered 10 years of qualifying service in State of U.P., he is not eligible for proportionate pension from State of U.P., even if it is assumed without deciding whether Central rule would apply to a Government servant under two State Governments. Entitlement to interest on delayed payment of pension depends on whether Government of Bihar was responsible for delay, to be decided upon petition by appellant.

Court Disposition

Appeal disposed of

Orders

  • Appellant to file petition before Government of Bihar within one month; Government to decide within three months whether delay was attributable to them and pay interest if responsible.
  • No order as to costs.