SC directs to include central service for Gujarat govt pension

Recently, the Supreme Court, while granting a pension to a government employee under Gujarat Civil Services (Pension) Rules, 2022, observed that a government servant earns a pension in lieu of tireless service by him/ her. Further, pension is often an important consideration for the person(s) seeking government employment.

“Accordingly, in our considered opinion, the raison d'etre qua the grant of pension by the State Government would inextricably be linked to a concentrated effort by the State Government to enable its former employee(s) to tide over the vagaries and vicissitudes associated with old age vide a pension scheme.,” the Division Bench of Justices Vikram Nath and Satish Chandra Sharma added.

In the instant case, the Appellant was a government employee. Initially, he worked for the central government as a Postal Assistant in the Gandhinagar Postal Division. During his employment, he was selected for the post of Senior Assistant in the Ministry of Health and Medical Services, Government of Gujarat. Pertinently, the Appellant had also obtained a No-Objection Certificate to participate in the selection process. Thus, after working for around ten years as a postal assistant, the Appellant resigned to join the latter post. It may also be noted that from 18.08.1993, the Appellant worked as a Senior Assistant for 23 years.

“We thus find that the High Court erred in its interpretation of Rule 25(ix) of the Pension Rules; and consequently, unfairly deprived the Appellant from seeking inclusion of the period of service rendered to the Central Government as a part of 'qualifying service' under the Pension Rules.,” the Court held.

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