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Supreme Court of India 2020-01-06 dismissed

SURINDER NATH KESAR vs BOARD OF SCHOOL EDUCATION

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

A government employee voluntarily retired in 1988 and was re-appointed in 1994. He claimed pension by including the 6-year break as qualifying service. The Supreme Court held that under Rule 4.23 of Punjab Civil Services Rules (Haryana), condonation of service interruption is limited to one year maximum. Since his break exceeded one year, Government relaxation of the rule was required. The Government refused such relaxation. Additionally, his service after re-appointment fell short of the 10-year qualifying period for pension. The Court dismissed the appeal, holding the employee was not entitled to pension or condonation of the break."

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Service Law Pension Public Service Rules Administrative Law Condonation of Break in Service Statutory Interpretation

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