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october 2005

Supreme Court of India · 2005-10-19

UNION OF INDIA vs BRAJ NANDAN SINGH

Citation / case number
SC 2003/15725
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BRAJ NANDAN SINGH
Author
ARIJIT PASASYAT
Bench
DR. AR. LAKSHMANAN ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Patna High Court affirming the entitlement of the respondent to pension under the Central Civil Services Pension Rules, despite the respondent's resignation and the application of Rule 26(1) which stipulates forfeiture of past service. The Court clarified that the forfeiture of past service cannot deny the inherent right to retirement benefits, as established by Rule 26(2), which allows for exceptions in cases where the resignation was to take up another government appointment. The Court concluded that the Tribunal and High Court were justified in their rulings, thereby entitling the respondent to pension benefits.

UNION OF INDIA vs BRAJ NANDAN SINGH · Niyam