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Supreme Court of India 2019-03-15 dismissed

P BANDOPADHYA vs UNION OF INDIA

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

Employees of the erstwhile Overseas Communications Service were transferred to VSNL in 1990. The appellants exercised options to retain Government pensionary benefits but had less than 10 years of service—the minimum required under Central Civil Services (Pension) Rules, 1972. The High Court rejected their claim, holding they could not avail pensionary benefits. The Supreme Court upheld this, ruling that the statutory 10-year qualifying service requirement applies; the policy memorandum cannot enlarge entitlements. The case was also barred by res judicata from an earlier finality-attained judgment. The appeal was dismissed and benefits under the provident fund clause alone were available.</summary_100>

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