STATE OF MADHYA PRADESH & OTHERS versus HITKISHORE GOSWAMI

Citation: [2015] 2 S.C.R. 202 · Decided: 16-02-2015 · Supreme Court of India · Bench: F.M. IBRAHIM KALIFULLA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2015] 2 S.C.R. 202 
A 
STATE OF MADHYA PRADESH & OTHERS 
B 
v. 
HITKISHORE GOSWAMI 
(CivilAppeal No. 1892 of2015) 
FEBRUARY 16, 2015 
[FAKKIR MOHAMED IBRAHIM KALIFULLA 
AND ABHAY MANOHAR SAPRE, JJ.] 
Service Law- Counting of past service - For the purpose 
of fixation of pay and other retiral benefits - Permissibility of 
C - Held: The employee was not entitled to benefit of his past 
service i.e. his previous employment, from which he 
voluntarily retired to join the subsequent service -
On 
tendering of resignation, relationship between the employer 
and employee severed for all purposes -
Previous 
D employment neither had any connection with the subsequent 
employment nor was there any rule or condition recognizing 
such continuity of service. 
E 
Allowing the appeal, the Court 
HELD: 1. The respondent was not entitled to claim 
the benefit of his past services which he rendered from 
"02.07.1963 to 02.01.1966" as Lecturer in the Government 
Schools while determining his qualifying servic~ for 
F fixing his pension etc. [Para 17] [207-G] 
2. The respondent having voluntarily tendered his 
resignation from the said service without there being 
any condition much less a condition to enable him to 
claim any kind of its benefit in the event of his joining 
G other services with the State, no benefit of such past 
services was available to the respondent. The effect 
of tendering the resignation by the respondent was 
that the relationship between the parties insofar as that 
H 
202 
STATE OF MADHYA PRADESH v. HITKISHORE 
203 
GOSWAMI 
particular employment was concerned got severed for A 
all purposes leaving no benefit to remain in 
respondent's favour. It had no connection with 
respondent's subsequent employment which began 
from "03.01.1966". [paras 18-19] [207-H; 208-A-C] 
B 
3. In order to claim continuity in the service for 
claiming any benefit arising therefrom, it was 
necessary for the respondent to have shown any 
specific rule or condition recognizing such right in 
his favour. The respondent, however, was not able C 
to show any such rule or/and condition in his favour. 
It is a trite law that a right to claim pension is 
governed by the statue. An employee has, therefore, 
no right to claim any benefit in relation to pension 
dehores the statute. [paras 20-21] [208-0-E] 
D 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
1892of2015 
From the Judgment and Order dated 09.10.2013 of the 
E 
High Court of Madhya Pradesh, Bench at Gwalior in Writ 
Appeal No. 478 of 2013 
C. D. Singh, Apporv Kurup for the Appellants. 
Pashpathi Nath Razdan, Abhinav Ramakrishna, 
F 
Prashant Shukla for the Respondents. 
The Judgment of the Court was delivered by 
ABHAY MANOHAR SAPRE, J. 1. Leave granted. 
2. This appeal is filed by the State of M.P. against the 
judgment/order dated 09.10.2013 passed by the High Court 
of M.P. in W.A. No.478 of 2013 which arise out of judgment/ 
order dated 05.07.2013 passed by the Writ Court in W.P. 
No.1475/2009 (S). 
G 
H 
204 
SUPREME COURT REPORTS 
(2015] 2 S.C.R. 
A 
3. By impugned judgment, the Division Bench of the High 
Court dismissed the appeal filed by the State (appellant herein) 
and upheld the order of the Writ Court (learned Single Judge) 
which allowed the respondent's writ petition by issuing 
directions in the nature of mandamus against the appellant 
B (State) in relation to respondent's pension case. 
4. The question, which arises for consideration in this 
appeal is whether the Courts below were justified in allowing 
the respondent's writ petition and in consequence justified 
c in issuing directions in the nature of writ of mandamus in 
relation to respondent's pension case. 
D 
5. Facts of the case lie in a narrow compass. They, 
however, need mention, which are taken from the list of dates 
and the pleadings of the parties infra. 
6. The respondent was appointed as Lecturer (Botany) 
on 02.07.1963 in the School Education Department of the 
State. He was posted in the Government Higher Secondary 
School at Kan nod, District Dewas and later transferred to 
E another Government Higher Secondary School at Agar 
(Malba). 
7. In the year 1965, the respondent applied for the post 
of Lecturer in the Government Degree College, 
F Narsinghgarh pursuant to the advertisement issued by the 
M.P. Public Service Commission (for short MPSC). The 
respondent was selected for the said post. He, therefore, 
tendered his resignation in December, 1965 from the post 
of lecturer to en

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