BHASKAR GAJANAN KAJREKAR versus ADMINISTRATOR, DADRA AND NAGAR HAVEL! AND ORS.

Citation: [1993] 2 S.C.R. 60 · Decided: 23-02-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
BHASKAR GAJANAN KAJREKAR 
v. 
ADMINISTRATOR, DADRA AND NAGAR HAVEL! AND ORS. 
FEBRUARY 23, 1993 
B 
[KULDIP SINGH AND YOGESHWAR DAYAL, JJ.] 
O"vil Se!Vices : 
Central Civil Services (Pension) Rules, 1972 - Rule 13-l'ensiort-
C Retiree not given pension as he was not conjinned in any post even after 23 
years of service-On the availability of pemianent post-Entitlement to con-
jinnation-i'ayment of pension to the Retiree treating him G~ a confimied 
employee-Directions issued. 
--\. 
The appellant retired in 1977 after putting in 23 years of service.But 
D he was not given pension on the ground that throughout his service he was 
working on officiating basis and was never appointed substantively to any 
or the posts held by him. The appellant challenged the denial or pension 
to him before the Central Administrative Tribunal. The Tribunal held that 
since the appellant retired from service without holding lien on any sub-
E stantive post, he was not entitled to pension under Rule 13 of the Central 
Services (Pension) Rules, 1972. The application or the appellant was 
disposed of ex-parte by the Tribunal and his application for restoration 
and hearing was also rejected. Against these orders ofthe Tribunal appel-
lant preferred the present appeals. 
F 
G 
The Respondents contested the appeals on the ground that the 
Departmental Promotion Committee did not recommend the appellant's 
confirmation since two departmental enquiries were initiated against him, 
resulting in deduction of Rs. 4,000 from his gratuity, by way of punishment. 
Allowing the appeals, this Court, 
HELD: 1. Admittedly the findings in the two enquiries were never 
communicated to the appellant during the period of his service. Those were 
served on him only after retirement. The question of his confirmation which 
was due in the year 1967 could not have been linked with the enquiries which 
H were initiated at a much later stage. The Departmental Promotion Commit-
60 
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BHASKAR GNANAN v. ADMINISTRATOR [KULDIP SINGH, J.] 
61 
tee should have considered the appeUaot for confirmation on the basis of A 
the record of the appellant as existed in the year 1967/1968. There is no 
material on record to show that the service record of the appellant prior to 
1970 was adverse in any manner. Even the Departmental Promotion Com-
mittee found the confidential reports of the appellant for the last three years 
as good. On the availability of a permanent post of Chief of Police on Jone B 
14, 1967 the appellant was entitled to be confirmed against the said post. It 
was wholly arbitrary on the part of the respondents to have deferred the 
question of confirmation of the appellant on the ground that there were no 
Recruitment Rules. The appellant having served.the respondents for about 
thirteen years, on June 14, 1967 when the post of Chief of Police was made 
permanent and there being nothing adverse against him at that point of C 
time, he was entitled to be confirmed in the said post. In that view of the 
matter the appellant was a confirmed employee when he retired from service 
on July 31, 1977. [63D-G) 
2. The respondents are directed to treat the appellant as having been 
retired as a confirmed employee and fix his pension and other post-retiral D 
benefits on that basis. The respondents are further directed to complete 
the pension case of the appellant within three months and pay him all the 
arrears of the pension within two months thereafter alongwith 12% interest 
on the said arrears. [63H; 64A) 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 72+725 
of 1992. 
-
From the Judgment and Order dated 13.11.90 & 10.8.90 of the 
Central Administrative Tribunal, New Bombay in M.P. No. 855/90, & 0.A. 
E 
No. 799 of 1989. 
F 
N.M. Ghatate, Anand Prasad and S.V. Deshpande for the Appellant. 
T.C. Sharma and Ms. A. Subhashini for the Respondents. 
The Judgment of the Court was delivered by 
G 
KULDIP SINGH, J. Special leave granted in both the matters. 
B.G. Kajrekar joined service as Chief of Police on August l, 1954 in 
Dadra a'ld Nagar Haveli. He worked in that capacity upto April 19, 1966. 
Thereafter he was sent on deputation to the Central Reserve Police, H 
62 
SUPREME COURT REPORTS 
[1993] 2 S.C.R. 
A 
Neemuch (Madhya Pradesh). He caine back to his original post in Dadra 
and Nagar Haveli on November 17, 1967 and worked as Chief of Police 
upto April 6, 1971. He was transferred to Delhi Armed Police on April 7, 
1971 where he worked as Deputy Superintend

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