State of Rajasthan v. Gaj Singh Mehta
Case brief
What is this about?
Single Judge's order granting proportionate pension to a government employee absorbed into a public sector corporation was modified. The Court held that such permitted resignation does not forfeit past service. Respondent is entitled to pro-rata pension if minimum qualifying service is met, plus leave encashment and gratuity.
What did the court decide?
Petitioner entitled to pro-rata pension if qualifying service met, plus leave encashment and gratuity not counted by the corporation; payment within three months with interest.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 109/2020
- State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Jaipur.
- The Principal Secretary (Finance), Government Of Rajasthan, Jaipur.
- The Principal Secretary, Department Of Mines, Government Of Rajasthan,
- The Director Of Pension, Government Of Rajasthan, Jaipur.
----Appellants
Versus
- Gaj Singh Mehta S/o Sh. Umrao Singh Mehta, Through His Legal Representatives-
- 1/1. Surya Kumari W/o Late Sh. Gaj Singh Mehta, Aged About 73 Years, Resident Of 24, Basera Housing Colony, Near Saiphan, Bedla, Udaipur.
- 1/2. Anil Mehta S/o Late Sh. Gaj Singh Mehta, Aged About 60 Years, Resident Of Lcg 404A, Laburnum, Sushant Lok, Sector 28, Galleria Dlf-Iv, Gurugram, Haryana.
Issues for consideration
2 issues framed by the court
Whether resignation from government service with permission to join a public sector corporation constitutes a forfeiture of past service.
Whether the petitioner is entitled to pro-rata pension and gratuity for the government service rendered prior to absorption in the corporation.
Parties & counsel
- appellant
State Of Rajasthan
- respondent
Gaj Singh Mehta
Coram
Madan Gopal Vyas
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- SAW/109/2020
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