AI Overview...
- Date of Initial Appointment - Main Points and Insights
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Service counting for pension, gratuity, and seniority should start from the date of initial appointment, not from the date of regularization or other milestones. This is emphasized across multiple judgments, ensuring that the entire period of service is considered for terminal benefits, pension, and promotions Rajendra Nath Sharma VS State of Rajasthan - Rajasthan, Narendra Pratap Singh VS State of M. P. - Madhya Pradesh, Rajendra Kumar Chahar VS State of Rajasthan - Rajasthan, Khetro Mohan Pingua VS State of Jharkhand - Jharkhand, M. Panneerselvam VS Secretary to Government School Education Department, Chennai - Madras, Ram Krishan Sharma VS Accountant General (A & E) HP - Himachal Pradesh, Ranjitsinh Raysinh Parmar VS State of Gujarat - Gujarat, Shambhudhar Jha, Son of Tripati Narayan Jha VS Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, District-Darbhanga through its Registrar - Patna, Bhaijibhai Hamirbhai Bamaniya VS State of Gujarat - Gujarat, Debuli Devi VS State of U. P. - Uttarakhand.
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Legal Principle
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Courts consistently hold that initial appointment date is the relevant starting point for counting service for pension, gratuity, and related benefits. This ensures that service rendered during temporary or probationary periods, once recognized, is also included in the total qualifying service Rajendra Nath Sharma VS State of Rajasthan - Rajasthan, Ranjitsinh Raysinh Parmar VS State of Gujarat - Gujarat, Shambhudhar Jha, Son of Tripati Narayan Jha VS Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, District-Darbhanga through its Registrar - Patna.
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Implications for Pension and Terminal Benefits
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Counting from the initial appointment date benefits employees by granting them full pension, gratuity, and promotion rights based on their entire service period. Courts have directed authorities to revise pension calculations and benefits accordingly M. Panneerselvam VS Secretary to Government School Education Department, Chennai - Madras, Rajendra Kumar Chahar VS State of Rajasthan - Rajasthan, Debuli Devi VS State of U. P. - Uttarakhand.
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Conclusion
- The consistent judicial stance is that the date of initial appointment is the key date for counting service towards pension, gratuity, and seniority, ensuring employees receive benefits based on their complete service period from the start of their employment all references.
References: - Rajendra Nath Sharma VS State of Rajasthan - Rajasthan, Narendra Pratap Singh VS State of M. P. - Madhya Pradesh, Rajendra Kumar Chahar VS State of Rajasthan - Rajasthan, Khetro Mohan Pingua VS State of Jharkhand - Jharkhand, M. Panneerselvam VS Secretary to Government School Education Department, Chennai - Madras, Ram Krishan Sharma VS Accountant General (A & E) HP - Himachal Pradesh, Ranjitsinh Raysinh Parmar VS State of Gujarat - Gujarat, Shambhudhar Jha, Son of Tripati Narayan Jha VS Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, District-Darbhanga through its Registrar - Patna, Bhaijibhai Hamirbhai Bamaniya VS State of Gujarat - Gujarat, Debuli Devi VS State of U. P. - Uttarakhand
Search Results for "Date of Initial Appointment will be Counted for Grant Pension"
2005 0 Supreme(Raj) 444 • India - Rajasthan
RAJENDRA PRASAD VYAS
of qualifying service – Whether it should be counted from the date of initial appointment till the date of superannuation or from ... should be counted from the date of initial appointment rather than the date of deduction of C.P.F. contribution – Rule 10(2) was ... and gratuity while counting their services from the date of initial appointment, i.e. for petitio....
2013 0 Supreme(MP) 1237 • India - Madhya Pradesh
K.K.TRIVEDI
to count the petitioner's service from the date of his initial appointment for the purpose of grant of pension, revise his salary ... Ratio Decidendi: The court held that the petitioner's service from the date of his initial appointment should be counted for ... He filed a writ petition seeking direction to count his service from the date of his initial appointment, gr....
2023 0 Supreme(Raj) 1798 • India - Rajasthan
ARUN BHANSALI
... ... Findings of Court: ... Petitioners' services to be counted for selection grade from initial appointment date in Irrigation ... (A) Service Law - Selection Grade - Writ Petition seeking selection grade benefits from the initial appointment date and revision ... They initially received selection grades in 1998-1999; challenged the grant in 2018, linking it to pension implications. ... Therefore, in terms of the above mention....
2018 0 Supreme(Jhk) 1026 • India - Jharkhand
S.N.PATHAK
The court also emphasized that seniority will be counted from the date of initial appointment and not from the date of completion ... Ratio Decidendi: The court emphasized that seniority will be counted from the date of initial appointment, and the petitioner ... is entitled to promotions and consequential benefits from the date of their initial appointment. ... Since law is wel....
2023 0 Supreme(Mad) 2710 • India - Madras
C. V. KARTHIKEYAN
The court directed the respondents to grant revised pension by considering the 50% of service rendered from the date of initial appointment ... 50% of service rendered from the date of initial appointment till the date of regularization. ... Final Decision: The writ petition was allowed, and the respondents were directed to grant revised pension by considering the ... of their appointme....
2020 0 Supreme(HP) 9 • India - Himachal Pradesh
SANDEEP SHARMA
service for pension, and that the date of appointment should relate back to the initial date of appointment. ... since initial engagement date. ... of initial engagement, held entitled to pension as fixed by the competent authority. ... Once the entire service of a daily wager is to be counted as qualifying service then his date of appointment will relegate back....
2022 0 Supreme(Guj) 1156 • India - Gujarat
BIREN VAISHNAV
of initial appointment for the grant of gratuity and pension. ... It directed the respondents to consider the petitioners' services from their initial date of appointment and grant the gratuity and ... Ratio Decidendi: The court held that the period of 10 years as a daily wager should be counted for the grant of pension and ... The prayer in the petition is to consider the services of the petitio....
2024 0 Supreme(Pat) 958 • India - Patna
HARISH KUMAR
on initial appointment date. ... based on their initial appointment, which was not considered by the University. ... that temporary service must be counted for pension if recognized and approved, ensuring no undue hardship to petitioners. ... with effect from the date of their initial appointment till the date of their superannuation. ... of the initial appointment#HL_E....
2022 0 Supreme(Guj) 1173 • India - Gujarat
BIREN VAISHNAV
counting the years of service from their initial date of appointment, which was more than ten years. ... other terminal benefits counting the years of service from the initial date of appointment, which was more than ten years. ... pensionary benefits, gratuity, and other terminal benefits counting the years of service from the initial date of appointment, which ... Samudabhai Jyotibhai Bhedi [2017(4) GLR 2952] and submit that the e....
2012 0 Supreme(UK) 602 • India - Uttarakhand
K.J.SENGUPTA
date of appointment. ... date of appointment upon regularization. ... the grant of family pension in this case. ... Learned counsel for the petitioner submits that when the service was regularized, the length of service should be counted from the date of initial appointment and in any event, therefore, from 1974 till 1996 long 22 years is good enough to qualify to get full family pension incase of....
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