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1993 Supreme(SC) 167

YOGESHWAR DAYAL, KULDIP SINGH
Bhaskar Gajanan Kajrekar – Appellant
Versus
Administrator, Dadra And Nagar Haveli – Respondent


Advocates:
A.Subhashini, ANAND PRASAD, N.M.GHATATE, S.V.DESHPANDEY, T.C.SHARMA

JUDGMENT

KULDIP SINGH, J.—Special leave granted in both the matters.

2. B.G. Kajrekar joined service as Chief of Police on August 1, 1954 in Dadra and Nagar Haveli. He worked in that capacity up to April 19, 1966. Thereafter he was sent on deputation to the Central Reserve Police, Neemuch (Madhya Pradesh). He came back to his original post in Dadra and Nagar Haveli on November 17, 1967 and worked as Chief of Police up to April 6, 1971. He was transferred to Delhi Armed Police on April 7, 1971 where he worked as Deputy Superintendent of Police till his retirement on July 31, 1977. He has thus, put in about twenty-three years of service.

3. Kajrekar was not given pension on the ground that throughout his service he worked on officiating basis and was never appointed substantively to any of the posts held by him. Kajrekar challenged the action of the respondents, denying pension to him, before the Central Administrative Tribunal, Bombay. The Tribunal rejected his application on the ground that he retired from service without holding lien on any substantive post and as such was not entitled to pension under Rule 13 of the Central Civil Services (Pension) Rules, 1972 (the Rules). The appl





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