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september 2007

Supreme Court of India · 2007-09-06

Visitor & Ors vs K.S. Misra

Citation / case number
AIR 2007 SC (SUPP) 821
Court
Supreme Court of India
Petitioner
Visitor & Ors
Respondent
K.S. Misra
Author
G. P. Mathur
Bench
G. P. Mathur, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision to count the past service of K.S. Misra at Benaras Hindu University for pension purposes, as per Statute 61(6)(iv) of the University. The Court clarified that employees have the option to either retain pro-rata retirement benefits or have past service counted for pension, contingent upon refunding any benefits received. The ruling emphasized the importance of the employee's choice in determining pension eligibility, leading to the conclusion that Misra's service should be recognized for pension calculations.

Visitor & Ors vs K.S. Misra · Niyam