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Union Of India & Ors vs Rakesh Kumar on 30 March, 2001

11. The submission of the learned counsel for the respondent that it is illogical to deny pension to the respondent especially when the competent authority imposed punishment of compulsory retirement only taking into consideration the entitlement of the respondent for pension. We are afraid we cannot agree with the submission. Whether or not the competent authority adverted to this question the ultimate question remains as observed by the Apex Court in RAKESH KUMAR'S CASE (supra) whether a person has requisite eligible/qualifying service. Accordingly, no Government servant is entitled to pension unless he satisfies the Pension Rules. As already observed every person whether or not has qualified service has the right to pension only 'as is admissible under the Rules'.
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