AIR 2023 SC 1623 ::AIROnline 2023 SC 208 ::2023 (4) KCCR (SN) 446 (SC) ::2023 (3) SCR 660 ::2023 (178) Fac LR 13 ::2023 (5) Scale 4 ::2023 SCC OnLine SC 336 ::2023 (3) MPLJ 277 ::2023 (2) Serv LR 664 ::2023 (4) Lab LN 433 ::2023 (4) Mah LJ 709

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, C. T. Ravikumar , JJ

Constitution of India , Art.309— Central Civil Services (Pension) Rules (1972) , R.13— Administrative Tribunals Act (13 of 1985) , S.4— Pensionary benefits - Qualifying service - Employee appointed as General Assistant on contractual basis was regularised as per Scheme in vogue as Lower Division Clerk - High Court committed error in observing that her contractual service would qualify as service in a temporary capacity for calculating qualifying service for pension - Neither R.13 nor regularisation Scheme provides that services rendered on contract basis shall be treated as temporary service and/or same shall be counted for pensionary benefits - Order of High Court, set aside . AIROnline 2022 Guj 2996-Reversed (Para 8 9 10)