Case Note & Summary
The petitioner, Sahadev Rama Gadling, filed a writ petition under Article 226 of the Constitution of India challenging the denial of pension by the respondents (Union of India and Cantonment Board, Deolali). The petitioner had served under the respondents and was suspended from 2nd June 2005 to 4th January 2005 (a period of about 7 months and 2 days). Upon retirement, the respondents denied pension on the ground that the petitioner had not completed ten years of continuous qualifying service, as the suspension period was excluded. The petitioner contended that under Rule 23 of the Central Civil Services (Pension) Rules, 1972 read with the clarificatory Office Memorandum dated 28th February 1976, the suspension period must be counted as qualifying service unless a specific order was passed to exclude it. Since no such order was passed, the period should be deemed to be counted. The respondents argued that the suspension period could not be treated as qualifying service. The court analyzed Rule 23 and the Office Memorandum, noting that the rule provides that suspension period followed by reinstatement counts as qualifying service unless the competent authority specifically orders otherwise. As no such order was made, the court held that the suspension period must be counted. The court allowed the petition, directing the respondents to treat the suspension period as qualifying service and grant pension to the petitioner with arrears and interest at 6% per annum from the date of retirement until payment. The rule was made absolute.
Headnote
A) Service Law - Pension - Qualifying Service - Suspension Period - Rule 23 of Central Civil Services (Pension) Rules, 1972 read with Office Memorandum No.F 11(3)-E.V (A)76 dated 28.02.1976 - The petitioner challenged denial of pension on ground that he had not completed ten years of continuous service due to exclusion of suspension period of about 7 months and 2 days. The court held that since no specific order was passed to exclude the suspension period from qualifying service, it must be deemed to be counted as qualifying service. The petition was allowed and respondents were directed to treat the suspension period as qualifying service and grant pension accordingly. (Paras 2-5)
Issue of Consideration
Whether the period of suspension undergone by the petitioner (7 months and 2 days) should be counted as qualifying service for pension under Rule 23 of the CCS Pension Rules read with the clarificatory Office Memorandum dated 28.02.1976, when no specific order was passed to exclude that period.
Final Decision
The petition is allowed. The respondents are directed to treat the period of suspension from 2nd June 2005 to 4th January 2005 as qualifying service for pension and to grant pension to the petitioner with arrears and interest at 6% per annum from the date of retirement until payment. Rule made absolute.
Law Points
- Suspension period counts as qualifying service unless specifically excluded by order
- Rule 23 CCS Pension Rules
- Office Memorandum dated 28.02.1976
- Article 226 Constitution of India
