M.P. PRADHAN versus UNION OF INDIA & ORS.

M.P. PRADHAN versus UNION OF INDIA & ORS.

Appointment as paid apprentice on permanent basis before 31st March, 1938 qualifies as entering Government service on permanent basis, thereby attracting Fundamental Rule 56(c)(i) and entitling the appellant to service until the age of 60 years.

Parties
Appellant: M.P. Pradhan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 February 1990
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal
Outcome
Appeal allowed
Legal Topics
Retirement Age, Fundamental Rules, Permanent Appointment
Service Law Retirement Age Fundamental Rules Permanent Appointment

Case Brief

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Parties

M.P. Pradhan

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether joining as paid apprentice on permanent basis amounts to entering Government service on permanent basis as per Fundamental Rule 56(c)(i)
  2. 2 Whether the appellant was entitled to continue in service till the age of 60 years

Ratio Decidendi

Appointment as paid apprentice on permanent basis before 31st March, 1938 qualifies as entering Government service on permanent basis, thereby attracting Fundamental Rule 56(c)(i) and entitling the appellant to service until the age of 60 years.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Central Administrative Tribunal set aside
  • Appellant entitled to continue in Government service until age 60