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Supreme Court of India 2023-04-28 dismissed

Maheshwar Pandey vs The State of Bihar and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

Work charged employees of Bihar whose services were regularized under the Rules, 2013 challenged a rule limiting pension credit by counting one year of regular service for every five years of work charged service. The Supreme Court upheld the rule, holding that while entire work charged service cannot be counted for pension quantum (as such employees lack substantive appointment status), the service must be counted for qualifying pension eligibility. Denying pension after years of work charged service would be unjust. The Court distinguished Prem Singh, holding that case addressed only qualifying service, not pension computation. Appeals dismissed.

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Administrative Law Service Law Pension Work Charged Establishment Regularization Qualifying Service Constitutional Law

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