STATE OF M P Vs. R B DUBEY

JUDGEMENT

(1.) The controversy involved in this appeal is very short that the respondent was not entitled for voluntary retirement under rule 42(l)(a) of the M.P. Civil Services Pension Rules, 1976, as he had not completed qualifying service of 20 years.

(2.) It is submitted that during the period between 1.8.1980 and 18.9.1986. the respondent was working on ad hoc basis. On 18.9.1986 the services of the respondent were regularised and for the purposes of counting period for pension, the services rendered by the respondent after 18.9.1986 could have been counted and if the aforesaid prior period is not counted then till 10.5.2003 respondent had not completed 20 years of qualifying service so he was not entitled for voluntary retirement or for pension.

(3.) Learned counsel for the appellants submitted that if the order Annexure P-4 was passed on wrong premise, the appellants be allowed one opportunity to examine the case of the respondent whether he was entitled for voluntary retirement under rule 42(1)(a) of the pension rules or to pass an appropriate order in this regard taking back services of the respondent as Assistant Professor of Law, the post on which he was rendering services before passing of the order, Annexure P-4, or to treat the case of the respondent as a special case in peculiar facts of the case for the purpose of voluntary retirement and for payment of pension to the respondent.