STATE OF RAJASTHAN & OTHERS versus O.P. GUPTA

STATE OF RAJASTHAN & OTHERS versus O.P. GUPTA

The High Court correctly held that under Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996, resignation submitted to take up another government appointment with proper permission does not entail forfeiture of past service; where the appointment was made through RPSC to a government post and the earlier employer is a state-controlled entity, prior permission is to be presumed unless the State proves otherwise, and accordingly the earlier period of service must be counted for pension; the Division Bench's factual finding that proper permission existed is plausible and was upheld, and delay in filing the writ did not bar relief under Article 226.

Parties
Petitioner: State of Rajasthan & Others; Respondent: O.P. Gupta
Jurisdiction
India
Judgment Date
19 September 2022
Procedural Posture
Special Leave Petition (civil) No. 16734 of 2022 / Dismissed
Outcome
Special Leave Petition dismissed
Legal Topics
Pension, Forfeiture of Service on Resignation, Rajasthan Civil Services (pension) Rules, 1996 Rule 25(2), Article 226 Constitution of India, Articles 14 to 16 Constitution of India, Limitation
Service Law Constitutional Law Administrative Law Pension Law Writ Jurisdiction Pension Forfeiture of Service on Resignation Rajasthan Civil Services (pension) Rules, 1996 Rule 25(2) +3 more

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Parties

State of Rajasthan & Others

Petitioner

O.P. Gupta

Respondent

Procedural Posture

Special Leave Petition (civil) No. 16734 of 2022 / Dismissed

Legal Issues

  1. 1 Whether service rendered prior to resignation from Rajasthan State Agro Industry Corporation should be counted for pension
  2. 2 Whether resignation to take up another government appointment entails forfeiture of past service under Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996
  3. 3 Whether prior permission to resign to take up another appointment must be proved by the employee or can be presumed

Ratio Decidendi

The High Court correctly held that under Rule 25(2) of the Rajasthan Civil Services (Pension) Rules, 1996, resignation submitted to take up another government appointment with proper permission does not entail forfeiture of past service; where the appointment was made through RPSC to a government post and the earlier employer is a state-controlled entity, prior permission is to be presumed unless the State proves otherwise, and accordingly the earlier period of service must be counted for pension; the Division Bench's factual finding that proper permission existed is plausible and was upheld, and delay in filing the writ did not bar relief under Article 226.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed
  • Judgment and order dated 28 November 2019 of the High Court upheld