AI Overview...
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Pension Calculation from Initial Appointment - Multiple sources emphasize that pension benefits should be calculated based on the initial date of appointment, including all qualifying service accrued from that date, regardless of temporary or irregular status. For instance, Umesh Kumar VS State of Himachal Pradesh - Himachal Pradesh and BHAKUBHAI LAGHUBHAI PARMAR SINCE DECD. THROUGH LHS SAVITABEN WD/O BHAKUBHAI PARMAR vs STATE OF GUJARAT - Gujarat clarify that pension benefits must include service from the initial appointment, not just from formal approval or regularization.
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Inclusion of Entire Service Periods - Courts have consistently held that all service rendered from the initial appointment—whether temporary, ad hoc, or irregular—should be counted as qualifying service for pension purposes. This is supported by M. A. Govindasamy VS The Union of India & Another - Madras, which states that service from initial appointment till superannuation on a temporary basis qualifies as service for pension calculation.
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Legal Precedents and Court Decisions - Judgments such as Satish Das S/o Late Rohini Kumar Das vs State Of Assam - Gauhati and P. Arumugam VS Registrar, Tamil University, Thanjavur - Madras reinforce that pension should be computed from the initial appointment date, including previous service, and that benefits must be revised accordingly. Courts have also directed authorities to revise pension and arrears based on the initial appointment date, as seen in JETUBEN VAJABHAI KAMEJALIA vs STATE OF GUJARAT - Gujarat.
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Special Provisions and Amendments - Some sources mention amendments to pension rules, such as A. Markandeyan VS State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - Madras, which introduced cut-off dates and specific criteria for counting past services, but the core principle remains that initial appointment is the key date for pension calculation.
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Implications for Service and Salary Revision - Several references (Narendra Pratap Singh VS State of M. P. - Madhya Pradesh, Satish Das S/o Late Rohini Kumar Das vs State Of Assam - Gauhati) highlight that service and salary revisions should be based on the initial appointment, ensuring pension benefits reflect the full length of qualifying service.
Analysis and Conclusion:
The collective insights from the sources establish that Pension Calculated Pension is applicable from the initial date of appointment. Courts and rules consistently affirm that all qualifying service from the initial appointment, including temporary or irregular service, must be included in pension calculations. This approach ensures that pension benefits fairly reflect the entire period of service rendered by the employee, and authorities are directed to revise pensions accordingly based on this principle.
Search Results for "While Pension Calculated Pension will be Applicable from Initial Date of Appointment"
2023 0 Supreme(HP) 221 • India - Himachal Pradesh
SABINA, SATYEN VAIDYA
, 2006 – Rule 13, 19 - Initial appointment - Selection process - Govern services under Old Pensions Scheme - Impugned communication ... ) Rules, 1972 - Admittedly, it is not a case where initial appointment of petitioner was for a short period or for limited purpose ... Finding of the Court : Initial appointment of petitioner, though, in temporary capacity ... It is further submitted that the petitioner has served the respondents continuously for about ten years pri....
• India - High Court of Gujarat
BIREN VAISHNAV, J
... ... Result: Petition allowed; order quashed and revised pension calculated from initial appointment date. ... based on the initial appointment date and previous directives, finalizing this within four weeks. ... appointment date. ... The respondents are directed to revise and calculate pension and other terminal benefits except leave encashment on the basis of the petitioner....
2006 0 Supreme(Mad) 1743 • India - Madras
FAKKIR MOHAMED IBRAHIM KALIFULLA, P.MURGESEN
Tamil University - Appellant is entitled to pension from Tamil University de hors receipt of pension for services rendered in State ... Tamil University Act (IX of 1982), Section 45(4) - Statutes of Tamil University, Chapter 26, Paragraph 16 - Tamil Nadu Pension Rules ... Government - Appellant cannot be permitted to go back on his pension - Employer is entitled to recover the excess payment. ... calculated on that basis. ... After the initial appointment as Superint....
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 ... appointment for the purpose of pension, and his pay should have been revised accordingly. ... of his initial appointment, revise his salary, calculate and pay all arrears, and revise his pensionary benefits within a specified ... of his initial appointment. ... In o....
2003 0 Supreme(Mad) 837 • India - Madras
P.K.MISRA, FAKKIR MOHAMED IBRAHIM KALIFULLA
initial appointment till the date of superannuation of the petitioner on a temporary basis shall be calculated as qualifying service ... appointment till the date of superannuation of the petitioner on a temporary basis shall be calculated as qualifying service for ... Final Decision: The writ petition is allowed, and the court directed that the entire period from the date of initial appointment ... It is directed....
2017 0 Supreme(Mad) 3670 • India - Madras
S.M.SUBRAMANIAM
The Government amended Rule 11 of the Pension Rules, imposing a cut-off date of 01.04.2003, making employees ineligible for pension ... Pension Rules - Temporary Service - Rule 11 of Tamil Nadu Pension Rules - 1, 2, 3, 4, 10, 11, 13, 14, 17, 18, 20, 22 Fact ... to avail the benefit of 50% counting of past services for pension benefits under the Tamil Nadu Pension Rules, 1978. ... --For the purpose of date of birth, the word 'attestation' refers only ....
2013 0 Supreme(P&H) 347 • India - Punjab and Haryana
Hemant Gupta, Ritu Bahri
Service Law--Pension--Qualifying Service--Judicial Officer--Period spent by petitioner at the Bar is required to be taken into consideration ... was a pleader at the time of appointment--Therefore, the period spent by petitioner at the Bar is required to be taken into consideration ... ... Service Law--Pension--Qualifying Service--Judicial Officer--Petitioner ... ... Provided further that any such officer, who is recruited at the age of thirty-five years or more may, within a period of three months, from the date of hi....
2025 0 Supreme(Gau) 925 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR
based on initial appointment rather than formal approval for pension eligibility. ... benefits must be calculated from the initial date of service, asserting that provincialized employees are entitled to these benefits ... ... ... Findings of Court: ... The court concluded that the full service period from initial appointment must be considered for pension ... The term “initial appointment” as....
• India - High Court of Gujarat
BIREN VAISHNAV, J
(A) Special Civil Application - Pensionary benefits - The court ruled that pension should be calculated from the initial date of ... appointment including all previous service in accordance with the Government Resolution dated 17.10.1988. ... Past service rendered before regularization must be included for pension computation. ... The grievance is that the entire service starting from initial date of appointment was required to be c....
2007 0 Supreme(P&H) 2054 • India - Punjab and Haryana
ASHUTOSH MOHUNTA, T.P.S.MANN
It emphasized that the pension of the petitioner should be calculated based on 30 years qualifying service instead of 33 years, in ... to calculate the pension based on 30 years qualifying service instead of 33 years, thereby allowing the writ petition in favor of ... (Pension) Rules in determining her gratuity and pension benefits. ... ... Therefore, the pension of the petitioner is to be calculated by taking the qualifying service as 30 years and ....
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