M.C. DHINGRA versus UNION OF INDIA AND ORS.

Citation: [1996] 2 S.C.R. 132 · Decided: 05-02-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
M.C. DHINGRA 
v. 
UNION OF INDIA AND ORS. 
FEBRUARY 5, 1996 
B 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
Se1vice Law: 
Pension-Temporary employees rendering temporary service under the 
C Central/State Governments prior to joining State/Central Govern-
ment-Proportionate pensionary liability-Sharing of on reciprocal 
basis-G-ovemment of India-Department of Personnel & Administrative 
Refonns-Letter No. 3 (20) Pen. (A)-79 dated 31.3.1982-Cut-off date 
mentioned in para 4 thereof-HELD: Arbitrary and violative of Art. 14--Con-
stitution of India, Art.· 14. 
D 
E 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3371 of 
1996. 
From the Judgment and Order dated 19.10.94 of the Central Ad-
ministrative Tribunal, New Delhi in O.A. No. 2335 of 1989 
M.C. Dhingra for the Appellant. 
R.R. Mishra and Ms. Indira Sawhney for the Union of India. 
Ms. Rachna Gupta M.K. Roy, Sudhanshu, R.B. Misra and K. Mishra 
F 
for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
G 
We have heard counsel for the parties. The appellant while working 
in the State Service from January 31, 1948, was selected as a Railway 
Magistrate and had taken charge on Feburary 1, 1973. The Government of 
India had issued a Circular on March 31, 1982 which envisaged with the 
concurrence of the State Governments, the following : 
H 
"1. The Government of India had been considering in consultation 
132 
I -k 
I L 
M.C DHINGRAv. U.0.1. 
133 
with the State Governments, the question of sharing on a reciprocal A 
basis, the proportionate pensionary liability in respect of those 
temporary employees who had rendered temporary service under 
the Central Government/State Governments prior to securing 
posts under the various State Governments/Central Government 
on their own volition in response to advertisement or circulars, 
including those by the State/Union Public Service Commissions 
and who are eventually confirmed in their new posts. It has since 
been decided in consultation with the State Governments that the 
proportionate pensionary liability in respect of temporary service 
rendered under the Central Governfuent and State Governments 
B 
to the extent under the Rules of the respective Government, will C 
be shared by the Governments concerned, on a service share basis, 
so that the Government servants are allowed the benefit of count-
ing their qualifying service both under the Central Government 
and the State Governments for grant of pension by the Government 
from where they eventually retire. The gratuity, if any, received by D 
the Government employee for temporary service under the Central 
or State Governments will, however, have to be refunded by him 
to the Government concerned. 
2. The Government servants claiming the benefit of combined 
service in terms·of above decision are likely to fall into one of the E 
following categories : 
(1) Those who having been retrenched from the service of the 
Central/State Governments secured on their own employment 
under State/Central Governments either with or without in-
terruption between the date of retrenchment and the date of F 
new appointment; 
(2) Those who while holdi...,g temporary post under Central/State 
Government apply for posts under State/Central Government 
through proper channel with proper permission of the Ad- G 
ministrative Authority concerned; 
(3) Those who while holding temporary post under Central/State 
Governments apply for posts under State/Central Govern-
ments direct without the permission of the Administrative 
Authority concerned and resign their previous post to join H 
134 
A 
B 
c 
SUPREME COURT REPORTS 
[1996) 2 S.C.R. 
the new appointments under State/Central Governments. 
The benefit may be allowed to the Government servants in 
categories (1) and (2) above. Where an employee in category (2) 
is required for administrative reasons, for satisfying a technical 
requirement, to tender resignation on the temporary post held by 
him before joining the new appointment, a certificate to the effect 
that such resignation has been tendered for administrative reasons 
and/or to satisfy a technical requirement to join, with pro-permis-
sion, the new post, may be issued by the authority accepting the 
resignation·. A record of this certificate may also be made in his 
service book under proper attestation to enable him to get this 
benefit at the time of retirement. Government servant in category 
(3) will obviously, not entitled to count their p

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