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Madhukar v. State of Maharashtra and others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4470 of 2014)Decided 11 Apr 2014
Civil Appeal No. 4470 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

Madhukar worked in government posts for about ten years before resigning and joining Hislop College on the same day. When he retired from the college in 1983, his earlier service was excluded from pension calculation. Despite departmental recommendations under a later government resolution, his claim was rejected; the High Court relied on resignation forfeiture and delay.

Decision Breakdown

The Supreme Court allowed the appeal and directed counting the government service from 21 June 1950 to 18 July 1960 for pension. His claim arose under the 1992 resolution covering qualifying college employees, so the separate resignation-forfeiture rule relied on by the High Court did not govern it. The transition involved only a notional break and the authorities had recommended inclusion. Pension produced a recurring monthly claim, and his representations also explained delay. Consequential benefits and arrears were payable within three months, failing which eight per cent interest would apply from filing the writ petition until payment.

Lesson Learnt

A pension authority must apply the scheme governing the employee's claim rather than automatically invoking a different resignation rule. Under this resolution and these service facts, the earlier government work increased his pension.

Official source (sci.gov.in)View Judgment (PDF)

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