Court finds prolonged absence and delay in seeking pension benefits untenable; directs inquiry into the loss of service records.
In a notable judgment, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anand Sharma, dismissed a writ petition filed by Gopal Sharma seeking pensionary benefits after a prolonged absence from service. The court ruled that the petitioner, who ceased attending duties in 1987 and remained inactive for over two decades, had effectively abandoned his service, thereby disqualifying him from pension benefits.
Gopal Sharma, employed as a Lower Division Clerk since 1973, stopped attending work following a transfer in 1987. He made no attempts to resume duties or raise grievances until 2012, two years after his presumed date of superannuation. The respondents, represented by Additional Government Counsel Dheeraj Tripathi, argued that Sharma's prolonged absence constituted voluntary abandonment, rendering him ineligible for pension under the rules applicable at the time of his departure.
The court emphasized that pension rights do not automatically arise in the absence of formal termination, especially when the employee has not demonstrated continuity of service. It was noted that the minimum qualifying service for pension eligibility in 1987 was twenty years, which Sharma did not meet. The court further held that amendments to pension rules could not be applied retrospectively.
Despite the petitioner's claim of missing service records, the court ruled that loss of records does not create substantive rights. However, it directed the Principal Secretary of the Public Works Department to conduct an inquiry into the loss of records and take disciplinary action against responsible officials, highlighting the importance of maintaining public records.
The judgment underscores the principle that delay and inaction can undermine claims to statutory benefits, reinforcing the need for timely assertion of rights in service matters.
Bottom Line:
Pensionary benefits cannot be claimed after decades of inaction or prolonged absence from service without sufficient cause or evidence of continuity of service.
Statutory provision(s): Article 226 of the Constitution of India, Rajasthan Civil Services (Pension) Rules, 1996, Articles 14 and 21 of the Constitution of India
Gopal Sharma v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2839090
