Legal Question in Employment Law in

one of my friend ( say first person) entered into government service on 10 a (1) appointment basis in 1991 and worked till 1993 for a period of 25 months without break. in 1993 he was ousted from service for want of vacancy, and he appealed the government authorities many times to get him reposted. in every appeal the official rejected his request and instructed him to get a selection from public service commission examination. After a long wait of 18 years he passed the examination and get entered into the same post. now he has only 12 years of service which is not sufficient to get even the minimum possible pension as per the prevailing pension rules.

An another person ( say second ) entered into the same post in 10 a (1) appointment moved the state administrative tribunal and got an interieme order against the ousting order issued and continued the post. After 10 years he approached the High court and get a favorable judgment and received all the service and monitory benefit from government. now he is eligible to get a full pension after his retirement.

is it possible for the first person to get the same benefits what the second one received.


Asked on 11/16/10, 4:18 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

it will depend upon how the matter has been described in the judgment of the 2nd person.

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Answered on 11/16/10, 5:02 am


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