PARMESHWAR NANDA ETC. versus THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY & ORS. ETC.

PARMESHWAR NANDA ETC. versus THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY & ORS. ETC.

Employees appointed under the centrally sponsored Project were not appointed under permanent substantive State establishment and therefore did not satisfy the first two conditions of Rule 58; Rule 59 and the 12.08.1969 Circular do not make their Project service pensionable in the absence of a specific State declaration to that effect and the absorption notification treated them as fresh appointees without seniority or pay protection, so past service cannot be counted for pension and pension must be calculated from date of regular appointment.

Parties
Appellants: Parmeshwar Nanda & Ors.; Respondents: The State of Jharkhand through Chief Secretary & Ors.
Jurisdiction
India
Judgment Date
07 February 2020
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court on Appeal From High Court Order Dated 16.06.2017
Outcome
Appeals dismissed except Civil Appeal No.544 disposed in the same terms as Baliram Singh.
Legal Topics
Pensionary Benefits, Absorption of Employees, Seniority, Pay Protection, Interpretation of Rule 58 and Rule 59, Applicability of Circular Dated 12.08.1969
Service Law Administrative Law Pension Law Pensionary Benefits Absorption of Employees Seniority Pay Protection Interpretation of Rule 58 and Rule 59 +1 more

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Parties

Parmeshwar Nanda & Ors.

Appellants

The State of Jharkhand through Chief Secretary & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court on Appeal From High Court Order Dated 16.06.2017

Legal Issues

  1. 1 Whether service rendered under the Adult Education and Non-Formal Education Project qualifies as pensionable service under Jharkhand Pension Rules
  2. 2 Whether the Circular dated 12.08.1969 of the erstwhile State of Bihar applies to employees engaged under the Project
  3. 3 Whether absorption by the State pursuant to notification dated 30.05.2007 as 'fresh appointments' permits counting of past service for pension

Ratio Decidendi

Employees appointed under the centrally sponsored Project were not appointed under permanent substantive State establishment and therefore did not satisfy the first two conditions of Rule 58; Rule 59 and the 12.08.1969 Circular do not make their Project service pensionable in the absence of a specific State declaration to that effect and the absorption notification treated them as fresh appointees without seniority or pay protection, so past service cannot be counted for pension and pension must be calculated from date of regular appointment.

Court Disposition

Appeals dismissed except Civil Appeal No.544 disposed in the same terms as Baliram Singh.

Orders

  • The appeals are dismissed.
  • Past service rendered under the Project shall not be counted for pension; pensionary service for appellants to be calculated from date of regular appointment.