AI Overview...
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Re-employment of Retired Government Servants - Appointment of a retired person in government service does not automatically amount to re-employment; it depends on the nature of the appointment and whether it involves re-engagement after retirement Biswajit Sarma, Son of Late Dugdha Nath Sarmah VS Gauhati University, Represented by the Vice Chancellor - Gauhati.
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Definition of Re-employment - If a retired person is appointed to a post after retirement, especially in a substantive or permanent capacity, it can be considered re-employment, but the specifics depend on the appointment terms and rules governing such appointments Biswajit Sarma, Son of Late Dugdha Nath Sarmah VS Gauhati University, Represented by the Vice Chancellor - Gauhati.
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Entitlement to Benefits and Pay - Retired government servants may be eligible for revised allowances or increments if their appointment is deemed substantive or ongoing, but this is subject to rules and whether the appointment qualifies as re-employment Nand Vijay Singh VS Union of India - Allahabad.
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Conditions for Re-employment - Re-employment typically involves a new appointment to a substantive or temporary post, not merely continuing in the same capacity; the nature of the appointment (temporary, contractual, or permanent) influences whether it is classified as re-employment Vasant Vinayak Jogawar VS University of Poona and others - Bombay.
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Pension and Service Counting - Service rendered post-retirement can be counted towards pension and benefits if the appointment qualifies as substantive or regular, but casual or temporary re-engagements may not qualify Kaushal Kishore Chaubey VS State Of U. P. - Allahabad.
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Appointment Rules and Regularization - Regularization under rules like Art. 309 or promotion does not automatically constitute re-employment; the mode and nature of appointment are crucial factors R. N. Nanjundappa VS T. Thimmiah - Supreme Court.
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Specific Rules and Cases - Under certain service rules (e.g., UP Collection Amins Service Rules, 1974), temporary or seasonal appointments after retirement may not be considered re-employment unless explicitly recognized as such Suresh Chandra Pandey VS State of U. P. - Allahabad.
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Judicial View - Courts distinguish between mere extension or continuation of service and re-employment, often scrutinizing the appointment's nature, duration, and terms to determine if it constitutes re-employment Ganesh Ram VS State Of Jharkhand - Jharkhand.
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Conclusion - Appointment of a retired person in government service is not inherently re-employment; it depends on whether the appointment involves re-engagement in a substantive capacity under applicable rules. Re-employment typically requires a formal appointment that qualifies as a new engagement, affecting benefits, pension calculations, and service counting Biswajit Sarma, Son of Late Dugdha Nath Sarmah VS Gauhati University, Represented by the Vice Chancellor - Gauhati, Nand Vijay Singh VS Union of India - Allahabad, Vasant Vinayak Jogawar VS University of Poona and others - Bombay.
References:
- Biswajit Sarma, Son of Late Dugdha Nath Sarmah VS Gauhati University, Represented by the Vice Chancellor - Gauhati, Nand Vijay Singh VS Union of India - Allahabad, Vasant Vinayak Jogawar VS University of Poona and others - Bombay, Kaushal Kishore Chaubey VS State Of U. P. - Allahabad, Ganesh Ram VS State Of Jharkhand - Jharkhand, Puran Singh Thapa VS State Of U. P. - Allahabad, R. N. Nanjundappa VS T. Thimmiah - Supreme Court, Suresh Chandra Pandey VS State of U. P. - Allahabad, Government of Tamil Nadu VS R. Kaliyamoorthy - Madras, BRIJENDRA PRAKASH KULSHRESTHA VS DIRECTOR OF EDUCATION, U. P. , ALLAHABAD - Allahabad
Search Results for "Whether Appointment of a Retired Person in Government Service Would Amount to re Employment"
2022 0 Supreme(Gau) 163 • India - Gauhati
N.KOTISWAR SINGH, NANI TAGIA
Finding of the Court: Court are constrained to hold that action of Gauhati University in relieving the appellant from service ... Gauhati University Act - Section 13(F),2F or 12B - Appointment - Scale of Pay - In order to appreciate rival ... But after the incumbent retired, the post was not filled up. ... Further, referring to F.R.9(13) wherein lien has been defined, he submits that it also includes the title of a Government servant to hold substantively not only a permanent post but also a tenure post to which post a #....
2021 0 Supreme(All) 761 • India - Allahabad
ASHWANI KUMAR MISHRA
- Whether a retired Government servant is entitled for revised rate of D.A. which comes into force after such Government servant ... - whether a person who retires would be entitled for payment of annual increment in Progressive Pay Finding ... retires from service on attaining the age of superannuation? ... The words “Progressive Appointment” are crucial in understanding the question as to #HL_ST....
1999 0 Supreme(Bom) 10 • India - Bombay
S.S.PARKAR, B.N.SRIKRISHNA
rendering local service in Government College from 25.9.1958 to 13.11.1962 -Voluntarily retired from Government service on 30.11.1982 ... The petitioner is one such person. ... principle does not supply in the case of the special category of retired Government servants seeking re-employment to whom the Government ... in Government Colleges prior to his regular appointment as Lect....
2021 0 Supreme(All) 1110 • India - Allahabad
SARAL SRIVASTAVA
Civil Service Regulations - Section 1 Chapter XVI - Article 361 - Qualifying service - Petitioners, through ... writ petition, have prayed for a writ of mandamus commanding respondents to grant pension and other retiral benefits to them - Whether ... charged employee or Seasonal Collection Amin are to be counted for granting pensionary benefit to them, and nomenclature of their appointment ... (B) The employment must be substantive and permanent. (C) The service must be paid by #HL_ST....
2006 0 Supreme(Jhk) 328 • India - Jharkhand
SUDHANSU JYOTI MUKHOPADHAYA, N.N.TIWARI
Bihar Service Code, 1952 – Rule 73 – petitions was retried after 40 year of service – entitled to remain in service till the age ... at the time of initial appointment – petition allowed. ... of superannuation – also no common age for initial appointment – there can not be retirement taking in to account 18 years as age ... ... (b) Whether after completion of 40 years of service, a person can be retired from #HL_S....
1994 0 Supreme(All) 344 • India - Allahabad
V.K.KHANNA, G.P.MATHUR
Whether the appellant was a Government servant whose service conditions were governed by the relevant orders passed by the State ... Whether the Industrial Employment (Standing Orders) Act applied to the appellant's case? 3. ... Whether the notice discharging the appellant from service amounted to retrenchment? Ratio Decidendi: 1. ... the person engaged would be employed. ... THE last question which has to be examined is as to #HL_S....
1971 0 Supreme(SC) 657 • India - Supreme Court
A.N.RAY, D.G.PALEKAR
LOCAL CANDIDATE - REGULARISATION OF APPOINTMENT BY FRAMING UNDER ART. 309 CANNOT BE TERMED AS MODE OF RECRUITMENT WITH REFERENCE ... Direct recruitment would be appointment otherwise than by promotion or transfer. Promotion would be appointment of a Government servant from a post grade of service or class of service to a higher post or higher grade of service or higher class of service. ... All that the rule does i....
2019 0 Supreme(All) 2136 • India - Allahabad
SUNEET KUMAR
Amins Service Rules, 1974. ... Uttar Pradesh Collection Amins Service Rules, 1974 – Petitioner came to be appointed temporary Seasonal ... During service, petitioner filed several petitions seeking regularization under 35% quota provided under the Uttar Pradesh Collection ... To be precise, every Government servant (whether permanent or temporary) who retires under Cl. (a) or Cl. (b). or who is required to retire, or who is allowed to. Retire under C....
2019 0 Supreme(Mad) 2795 • India - Madras
R.SUBBIAH, P.T.ASHA, C.SARAVANAN
Employment - Division Bench on noticing that there are two conflicting decisions rendered by the Division Benches of this Court ... along with service rendered by them after -Another Division Bench of Madurai Bench of this Court in its Judgment that such persons ... to service after were not entitled count half of past service rendered by them for the purpose of conferment of pensionary benefits ... Explanation:- The appointment of a person holding a post borne on th....
2007 0 Supreme(All) 231 • India - Allahabad
SUDHIR AGARWAL, S.RAFAT ALAM
exercised his option for retirement at age of 58 years—But did not receive any communication from D.D.E., accepting same—State Government ... Secondary Education Services Selection Board Act, 1982—Section 18]. ... A Government servant unlike private employment once appointed is governed by the status and the rules and regulations governing his conditions of service. Though the Government service start with a contract but once appointed it is a matter of status. ... Mo....
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