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The State Of Jharkhand vs Bir Kuar Paswan . on 7 September, 2017

Bench: A.K. Sikri, Rohinton Fali Nariman

                                           IN THE SUPREME COURT OF INDIA

                                           CIVIL APPELLATE JURISDICTION


                                          CIVIL APPEAL NO. 13372 OF 2015


                      THE STATE OF JHARKHAND                                          ... Appellant

                                                              VERSUS

                      BIR KUAR PASWAN & ORS.                                          ... Respondents

                      WITH

                      CIVIL APPEAL NO. 13375 OF 2015

                      SPECIAL LEAVE PETITION (CIVIL) NOS. 32320-32321 OF 2015



                                                            O R D E R

We have heard learned counsel appearing for the parties at length.

To put the issue involved in nutshell, the respondents-employees were working in different Public Sector Undertakings where the job was pensionable. They were sent on deputation (which was not because of their willingness) and were ultimately absorbed by the appellant-State. Going by these considerations and some other factors which are taken note of by the High Court in the impugned judgment, the High Court has held that for the purposes of pension and retiral benefits, their past service Signature Not Verified shall be counted.

NIDHI AHUJA Date: 2017.09.13 16:37:57 IST Reason: Keeping in mind the aforesaid factors, we are of the opinion that it is not a case where interference under 1 C. A. No. 13372/2015 etc. Article 136 of the Constitution is called for. The appeals and petition stand dismissed.

Pension and retiral benefits as also the arrears shall be calculated giving the benefit of High Court judgment, within a period of six months.

......................., J.

[ A.K. SIKRI ] ......................., J.

[ ROHINTON FALI NARIMAN ] New Delhi;

September 07, 2017.

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       C. A. No. 13372/2015 etc.

ITEM NO.301                        COURT NO.6              SECTION XVII

                    S U P R E M E C O U R T O F       I N D I A
                            RECORD OF PROCEEDINGS

Civil Appeal No. 13372/2015

THE STATE OF JHARKHAND                                     Appellant(s)

                                       VERSUS

BIR KUAR PASWAN & ORS.                                     Respondent(s)

WITH

C.A. No. 13375/2015

SLP(C) No. 32320-32321/2015 Date : 07-09-2017 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For parties Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka, Adv. Mr. Gopal Singh, AOR Mr. Tapesh Kumar Singh, AOR Mohd. Waquas, Adv.

Mr. Aditya Pratap Singh, Adv. Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv. Mr. Anand Nandan, Adv. Mr. Hassan Zubair Waris, Adv. Mr. Akshay Sinha, Adv. Mr. Akshat Srivastava, Adv. Mr. A. N. Arora, AOR Mr. Braj Kishore Mishra, AOR Mr. Somesh Chandra Jha, AOR Mr. Amit Kumar, AOR Mr. Pranay Ranjan, Adv. Ms. Manjula Gupta, Adv. 3 C. A. No. 13372/2015 etc. Mr. Gurmeet Singh Makker, AOR UPON hearing the counsel the Court made the following O R D E R The appeals and the petition stand dismissed in terms of the signed order.

(NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER [Signed order is placed on the file.] 4