STATE OF ORISSA versus DURGA CHARAN DAS

STATE OF ORISSA versus DURGA CHARAN DAS

Protection under Rule 6 of the Protection Rules applies only to pay, allowances, leave, and pension, and does not extend to rights of promotion to selection posts. Claims for deemed confirmation and higher pension based on a junior's promotion are thus outside Rule 6 and cannot be entertained.

Parties
Appellant: State of Orissa; Respondent: Durga Charan Das
Jurisdiction
India
Judgment Date
06 December 1965
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed
Legal Topics
Protection of Service Conditions, Pension Rights, Promotion in Government Service, Interpretation of Statutory Rules
Service Law Administrative Law Protection of Service Conditions Pension Rights Promotion in Government Service Interpretation of Statutory Rules

Case Brief

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Parties

State of Orissa

Appellant

Durga Charan Das

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether protection of pension rights under Rule 6 of the Protection Rules covers any rights of promotion to selection posts for transferred government servants
  2. 2 Whether the respondent is entitled to have his pension fixed by deeming earlier confirmation based on the confirmation of a junior in the Bihar Secretariat

Ratio Decidendi

Protection under Rule 6 of the Protection Rules applies only to pay, allowances, leave, and pension, and does not extend to rights of promotion to selection posts. Claims for deemed confirmation and higher pension based on a junior's promotion are thus outside Rule 6 and cannot be entertained.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Respondent's writ petition dismissed