SHRI R.R. BHANOT versus UNION OF INDIA AND ORS.

SHRI R.R. BHANOT versus UNION OF INDIA AND ORS.

Appellant, having been finally allocated to State of Punjab w.e.f. 1.11.1966, is deemed to have served continuously from that date, thus State of Punjab responsible for pension and post-retiral benefits; failure to join after High Court's quashing does not bar entitlement.

Parties
Appellant: Shri R.R. Bhanot; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
04 January 1994
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Punjab & Haryana High Court in W.p. No. 2004 of 1984
Outcome
Appeal allowed
Legal Topics
Pension, Retiral Benefits, Punjab Reorganisation Act, 1966, Allocation of Employee

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Parties

Shri R.R. Bhanot

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Punjab & Haryana High Court in W.p. No. 2004 of 1984

  1. 1 Entitlement to pension and post-retiral benefits after allocation from Himachal Pradesh to Punjab under Punjab Reorganisation Act, 1966
  2. 2 Effect of final allocation order under s.82(2) of Punjab Reorganisation Act on service and benefits

Ratio Decidendi

Appellant, having been finally allocated to State of Punjab w.e.f. 1.11.1966, is deemed to have served continuously from that date, thus State of Punjab responsible for pension and post-retiral benefits; failure to join after High Court's quashing does not bar entitlement.

Court Disposition

Appeal allowed

Orders

  • Himachal Pradesh to pay arrears of salary up to September 30, 1969 within two months.
  • Punjab to treat period October 1, 1969 to December 31, 1970 as leave due; appellant deemed retired December 31, 1970.