S.D. JAYAPRAKASH AND ORS. ETC. versus THE UNION OF INDIA & ORS.

Citation: [2025] 4 S.C.R. 1976 · Decided: 29-04-2025 · Supreme Court of India · Bench: PAMIDIGHANTAM SRI NARASIMHA · Disposal: Case Partly allowed

Judgment (excerpt)

[2025] 4 S.C.R. 1976 : 2025 INSC 594
S.D. Jayaprakash and Ors. Etc. 
v. 
The Union of India & Ors.
(Civil Appeal No(s). 5671-5672 of 2025)
29 April 2025
[Pamidighantam Sri Narasimha* and Joymalya Bagchi, JJ.]
Issue for Consideration
Whether the contractual service rendered prior to the appellants’ 
regularisation in 2015 ought to be counted towards the payment 
of their pensionary benefits in accordance with r.17, Central Civil 
Services (Pension) Rules, 1972.
Headnotes†
Central Civil Services (Pension) Rules, 1972 – rr.17, 2(g) – 
Counting of service on contract – Appellants initially appointed 
on contractual basis and subsequently regularised – Period 
of contractual service prior to regularisation, if to be counted 
for grant of pension:
Held: Yes – r.17 deals with counting of service on contract for the 
purpose of granting pension – Interpreting r.17 in Sheela Devi, this 
Court held that although r.2(g) excludes contractual employees from 
their application, r.17 applies once such contractual employee is 
regularised on a later date – Thus, upon regularisation, the Pension 
Rules become applicable and r.17 requires that past service as a 
contractual employee is to be taken into account for calculating 
pension – Therefore, the contractual service period rendered prior 
to the appellants’ regularisation in 2015 must be counted towards 
the payment of their pensionary benefits in accordance with r.17. 
[Paras 7-9]
Case Law Cited
State of H.P. v. Sheela Devi, 2023 SCC OnLine SC 1272 – relied 
on.
List of Acts
Central Civil Services (Pension) Rules, 1972.
* Author
[2025] 4 S.C.R. 
1977
S.D. Jayaprakash and Ors. Etc. v. The Union of India & Ors.
List of Keywords
Contractual employees; Regularisation; Period of contractual 
service to be counted for pension; Contractual service period prior 
to regularisation; Payment of pensionary benefits; Consequential 
benefits; Seniority, Service benefits; Pension; Data Entry Operators; 
Plan Scheme called ‘Rationalisation of Data Processing Facilities’ 
on temporary and contractual basis between 1996 and 1999; Data 
Entry Operators; Grant of pension.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 5671-5672 
of 2025
From the Judgment and Order dated 23.03.2021 of the High Court 
of Karnataka at Bengaluru in WP Nos. 4712 and 4714 of 2016
Appearances for Parties
Advs. for the Appellants:
M.C. Dhingra, Sr. Adv., C.B.Gururaj, Prakash Ranjan Nayak, 
Animesh Dubey, Gaurav Dhingra, Shashank Singh, Surendra 
Gautam, Lalit Nagar.
Advs. for the Respondents:
K.M. Nataraj, A.S.G., Vatsal Joshi, Sharath Nambiar, Mohd. Akhil, 
Raghav Sharma, Prashant Rawat, Kritagya Kait, Ms. Kritagya Kait, 
Dr. N. Visakamurthy, Gurmeet Singh Makker.
Judgment / Order of the Supreme Court
Judgment
Pamidighantam Sri Narasimha, J.
1.	
Leave granted. 
2.	
These appeals arise from the Karnataka High Court’s order dated 
23.03.20211 by which it held that the appellants, who were initially 
appointed on contractual basis and subsequently regularised, will not 
be entitled to seniority, service benefits, and pension for the period 
1	
In W.P. No. 4712/2016 (S-CAT) c/w W.P. No. 4714/2016 (S-CAT). 
1978
[2025] 4 S.C.R.
Supreme Court Reports
of their contractual service. Upon consideration of the relevant rules 
and the decision of this Court in State of H.P. v. Sheela Devi,2 we 
have partly allowed the present appeals and directed the respondent, 
i.e., Union of India to grant pensionary benefit to the appellants in 
accordance with law. 
3.	
The short facts that are necessary are as follows. The appellants 
were appointed as Data Entry Operators under the Plan Scheme 
called ‘Rationalisation of Data Processing Facilities’ on temporary and 
contractual basis between 1996 and 1999. Pursuant to an order of the 
Central Administrative Tribunal3 dated 01.04.2013,4 the respondents 
issued an Office Memorandum dated 05.01.2015 to regularise the 
appellants’ service from a prospective date, i.e., from the date of 
issuance of this order. Pursuantly, the appellants were appointed on 
a regular basis by order dated 01.04.2015, w.e.f. 05.01.2015. The 
appellants preferred an Original Application before the CAT, with a 
prayer to regularise their services from the date of initial appointment 
or at least from the date of completing 10 years of service, and to 
protect their pay and to grant seniority, service benefits and pension 
by counting their period of contractual service. The CAT allowed the 
same b

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