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Supreme Court of India 2022-09-19 dismissed

STATE OF RAJASTHAN & OTHERS vs O.P. GUPTA

Bench: 2 — Indira Banerjee, J.K. Maheshwari

In Brief

The respondent, initially appointed to the Rajasthan Agriculture Engineering Board in 1967, had his services transferred to the Rajasthan State Agro Industry Corporation in 1970. He resigned in 1977 to take up an appointment as Assistant Director (Agro-Industries) in the Department of Industries through the RPSC. Upon retirement in 2003, his pension was calculated excluding the pre-1977 service period. The Supreme Court upheld the High Court's ruling that Rule 25(2) of the Rajasthan Civil Services (Pension) Rules exempts from forfeiture when resignation is to take another government appointment with permission. The Court held that pension rules should be interpreted favorably to employees and that denial of pension constitutes a continuing wrong.

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Administrative Law Pension and Retirement Benefits Constitutional Law Civil Service Rules Interpretation of Statutes

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