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Supreme Court of India 2023-02-27 allowed

Bhartiben Chandrakantbhai Thakor vs State of Gujarat and Others

Bench: 3 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, J B Pardiwala

In Brief

An Auxiliary Nurse Midwife appointed in 1980 resigned in April 1993 but withdrew her resignation in November 1993. Despite a High Court order directing benefits, the State repeatedly passed orders treating various periods as unauthorized leave and breaks in service. The Supreme Court held that once a dispute attains finality through judicial decision, the State cannot pass successive orders circumventing it. The appellant was entitled to pension based on 25 years of service. The Court set aside the High Court's decision and ordered pension computation within two months with arrears and 6% interest.

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Resignation and Withdrawal of Service Pension and Retirement Benefits Administrative Law Service Continuity Abuse of Power Judicial Finality

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