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Supreme Court of India 2022-02-18 dismissed

State of Gujarat & Ors vs Talsibhai Dhanjibhai Patel

Bench: 2 — 2

In Brief

The State of Gujarat employed Talsibhai Dhanjibhai Patel on an ad-hoc basis for 30 continuous years, then denied him pension benefits after retirement solely on the ground that his employment was ad-hoc. The Supreme Court dismissed the State's appeal, holding that the State cannot benefit from its own wrongdoing. Taking an employee's services continuously for three decades and then denying pension is unreasonable and contrary to the principles of a welfare State. The Court upheld the High Court's direction to pay full pensionary benefits to the employee.

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Constitutional Law Administrative Law Service Law Pension Benefits Estoppel Equity and Good Conscience

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