GURMESH PRAKASH BISHNOI versus STATE OF HARYANA AND ORS.

GURMESH PRAKASH BISHNOI versus STATE OF HARYANA AND ORS.

A person who has served as both member and subsequently Chairman of the Haryana Public Service Commission is entitled to pension as a member for the period served as member (subject to the maximum), in addition to pension as Chairman for the period served as Chairman (subject to the maximum), with the embargo that no pension is payable as member during the period served as Chairman.

Parties
Appellant: Gurmesh Prakash Bishnoj; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
05 May 1998
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order Dated 29.8.97 of the Punjab & Haryana High Court in C.w.p. No. 12291 of 1997
Outcome
Appeal allowed. Impugned order of High Court set aside.
Legal Topics
Pension, Public Service Commission, Conditions of Service Regulations
Administrative Law Service Law Pension Public Service Commission Conditions of Service Regulations

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Parties

Gurmesh Prakash Bishnoj

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order Dated 29.8.97 of the Punjab & Haryana High Court in C.w.p. No. 12291 of 1997

Legal Issues

  1. 1 Whether the appellant is entitled to pension both as a member and as Chairman of the Haryana Public Service Commission, or only as Chairman.

Ratio Decidendi

A person who has served as both member and subsequently Chairman of the Haryana Public Service Commission is entitled to pension as a member for the period served as member (subject to the maximum), in addition to pension as Chairman for the period served as Chairman (subject to the maximum), with the embargo that no pension is payable as member during the period served as Chairman.

Court Disposition

Appeal allowed. Impugned order of High Court set aside.

Orders

  • Appellant is entitled to pension as member for service prior to appointment as Chairman subject to maximum, as also pension as Chairman calculated on period held in that office, subject to maximum as laid in Regulation 9A.
  • Impugned order of the High Court set aside.