VINOD KANJIBHAI BHAGORA versus STATE OF GUJARAT & ANR.

Citation: [2024] 2 S.C.R. 155 · Decided: 02-02-2024 · Supreme Court of India · Bench: VIKRAM NATH

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Judgment (excerpt)

[2024] 2 S.C.R. 155 : 2024 INSC 100
Vinod Kanjibhai Bhagora 
v. 
State of Gujarat & Anr.
(Civil Appeal No. 1571 of 2024)
02 February 2024
[Vikram Nath and Satish Chandra Sharma, JJ.]
Issue for Consideration
Whether the Appellant’s subsequent employment with the State 
Government could be construed to mean that the Appellant had 
been ‘absorbed’ by the State Government, such that the Appellants’ 
prior service with the Central Government would be considered as 
a part of ‘qualifying service’ in terms of Rule 25(ix) of the Gujarat 
Civil Services (Pension) Rules, 2022.
Headnotes
Gujarat Civil Services (Pension) Rules, 2022 – r.25(ix) – 
Interpretation – Qualifying Service – Inclusion of the period 
of service rendered to the Central Government as a part of 
‘qualifying service’ under the State Government’s Pension Rules:
Held: Pension schemes floated by the State Government form a 
part of delegated beneficial legislation; and ought to be interpreted 
widely subject to such interpretation not running contrary to the 
express provisions of the Pension Rules – State Government is 
a model employer; and ought to uphold principles of fairness and 
clarity –The interpretation sought to be advanced is narrow and 
restrictive so as to limit the benefit of r.25(ix) only to such person(s) 
who may have explicitly been absorbed by the State Government 
as against persons such as the Appellant herein who had most 
certainly, implicitly been absorbed by the State Government i.e., 
the Appellants’ participation in the selection process was prefaced 
by an NOC from the Central Government; and subsequently was 
followed by the tender of a technical resignation to the Central 
Government upon securing employment with the State Government 
– High Court erred in its interpretation of r.25(ix) and unfairly 
deprived the Appellant from seeking inclusion of the period of 
service rendered to the Central Government as a part of ‘qualifying 
service’ under the Pension Rules – Respondent No.1 to consider 
the service rendered by the Appellant to the Central Government 
in his capacity as Postal Assistant in the Gandhinagar Postal 
156
[2024] 2 S.C.R.
Digital Supreme Court Reports
Division to be considered as qualifying service and re-calculate 
the terminal benefits/pensionary benefits – Impugned order set 
aside. [Paras 17-20, 22]
Service Law – Pension – Grant of – raison d’etre – Discussed. 
[Para 10]
Case Law Cited
LIC v. Shree Lal Meena, [2019] 5 SCR 391 : (2019) 4 
SCC 479 – referred to.
List of Acts
Gujarat Civil Services (Pension) Rules, 2022; Constitution of India.
List of Keywords
Pension; Subsequent employment; Absorbed; Prior service; 
Qualifying service; Technical resignation; Terminal benefits/
pensionary benefits.
Case Arising From
CIVIL APPELLATE JURISDICTION : Civil Appeal No.1571 of 2024
From the Judgment and Order dated 08.03.2018 of the High Court 
of Gujarat at Ahmedabad in SCA No.22341 of 2017
Appearances for Parties
Rishabh Parikh, E. C. Agrawala, Advs. for the Appellant.
Ms. Aishwarya Bhati, A.S.G., Ms. Swati Ghildiyal, Ms. Devyani 
Bhatt, Gurmeet Singh Makker, Ms. Ruchi Kohli, Ms. Archana Pathak 
Dave, Ms. Suhasini Sen, S S Rebello, Shyam Gopal, Raghav 
Sharma, Sughosh Subramanyam, Ms. Rekha Pandey, Advs. for the 
Respondents.
Judgment / Order of the Supreme Court
Order
1.	
Leave granted.  The decision of the High Court of Gujarat (the “High 
Court”) in Special Civil Application No. 22341 of 2017 whereunder, 
the High Court declined to exercise its jurisdiction under Article 226 
of the Constitution of India, is assailed before us (the “Impugned 
Order”).
[2024] 2 S.C.R. 
157
Vinod Kanjibhai Bhagora v. State of Gujarat & Anr.
2.	
The Appellant was engaged by the Central Government as a Postal 
Assistant in the Gandhinagar Postal Division on 12.08.1983 and 
thereafter continued to serve in the aforesaid role up until 16.07.1993.
3.	
In the interregnum, an invitation for application(s) for recruitment to 
the post of Senior Assistant in the Ministry of Health and Medical 
Services, Government of Gujarat (the “State Government”) came to 
be issued. Accordingly, the Appellant herein obtained a No-Objection 
Certificate (“NoC”) dated 18.06.1993 from the Superintendent of 
Post Office, Gandhinagar Division and thereafter participated in the 
aforesaid selection process.
4.	
On 16.07.1993, the Appellant having been selected as Senior 
Assistant in the State Government, tendered a technical resignation 
in qua his employment

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