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Supreme Court of India 2019-03-01 allowed

THE STATE OF PUNJAB vs GURBARAN SINGH

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

The State of Punjab appealed a High Court judgment awarding pension to Gurbaran Singh, a pharmacist who resigned in 1986. The Supreme Court held that under Rule 7.5(1) of the Punjab Civil Services Rules, resignation mandatorily entails forfeiture of past service unless the employee took up another qualifying government position. Since forfeited service is excluded from the qualifying period for pension, the respondent was not entitled to pension. The Court allowed the appeal and dismissed the suit, but did not recover the Rs. 3,94,474.89 already paid to the respondent."

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