Holding

The ten‑year minimum qualifying service stipulated in the Pension Rules is a prerequisite for entitlement to invalid pension, and a government servant with less than ten years of qualifying service is not eligible for such pension.

Summary

The widow of a government employee who retired on grounds of mental incapacity sought, after 14 years, fixation of pay and family pension, but never claimed invalid pension. The Odisha Administrative Tribunal ordered an invalid pension under Rule 39 of the Orissa Civil Services (Pension) Rules, 1992, and the High Court upheld it. The State argued that the employee’s net qualifying service was only 4 years 6 months 29 days, short of the ten‑year minimum required under Rule 47(5)(i) and Rule 49, and that Rule 39 must be read together with these provisions. The Supreme Court held that the qualifying service requirement is a condition for any pension, including invalid pension, and must be satisfied; consequently, the employee was ineligible for invalid pension. The Court set aside the Tribunal and High Court orders and allowed the appeal, emphasizing harmonious construction of the Rules and noting that the widow had already received gratuity and a compassionate appointment.

Issues considered

Can the minimum qualifying service of ten years prescribed in the Orissa Civil Services (Pension) Rules, 1992 be ignored for the purpose of granting invalid pension under Rule 39?
Whether the Tribunal and the High Court erred in directing invalid pension and family pension to the widow when the deceased employee did not satisfy the qualifying service requirement.
Whether Rule 39 must be read conjointly with Rule 47 (and Rule 49) requiring ten years of qualifying service for any pension entitlement.

Legislation cited

Orissa Civil Services (Pension) Rules, 1992s. Rule 39, s. Rule 47(5)(i), s. Rule 49, s. Rule 56

Subjects

pensioninvalid pensionqualifying serviceservice gratuityharmonious constructionstatutory interpretationcivil servicefamily pensionOdisha

Judgment

[2019] 14 S.C.R. 473 473

STATE OF ODISHA & ORS. A
v.
MANJU NAIK
(Civil Appeal No. 9204 of 2019)
DECEMBER 04, 2019 B
[R. BANUMATHI, A.S.BOPANNA AND
HRISHIKESH ROY, JJ.]
Orissa Civil Services (Pension) Rules, 1992: rr. 39, 47(5)(i)
and 49 – Invalid pension –Whether the minimum qualifying service
prescribed under the Pension Rules can be ignored for the purpose C
of consideration of invalid pension under r.39 of the Pension Rules
– Respondent’s husband retired from service on the ground of mental
incapacity and died soon thereafter – His net qualifying service for
the benefits under the Pension Rules was 4 years 6 months and 29
days only – Respondent (widow of the employee) was paid gratuity D
as also the other terminal benefits – After 14 years of death of the
employee, the respondent approached the Tribunal for fixation of
pay for her husband in the revised scale with effect from 1.1.1996
till his superannuation and also for family pension benefits –
Respondent never, however, prayed for invalid pension before the
Tribunal – Yet, Tribunal ordered for invalid pension for the E
respondent’s husband, under r.39 – High Court upheld the order of
the Tribunal – On appeal, held: Respondent was paid the service
gratuity and she received the same, without any demur – She never
raised any claim for invalid pension either at the time of retirement
or even when she approached the Tribunal i.e. 14 years later –
F
Nevertheless, the Tribunal went beyond the prayers in the O.A. and
ordered for invalid pension and then following his death, ordered
for family pension for the widow – In declaring such entitlement,
High Court and the Tribunal ignored the qualifying service of 10
years as prescribed in the Pension Rules – Respondent’s husband
having not served for 10 years was not entitled for regular pension G
– For the same reason, he cannot also be held entitled to invalid
pension.
Service Law: Pension – Invalid pension – Entitlement for –
Pension is earned by stint of continuity and longevity of service
H
473
474 SUPREME COURT REPORTS [2019] 14 S.C.R.

A and minimum qualifying service should, therefore, be understood
as the requirement for invalid pension as well – Pension Rules can
be harmoniously construed in this manner and in that event, there
shall be no clash between different provisions in the said Rules –
The condition of qualifying service prescribed in the Pension Rules
must be satisfied to become eligible for invalid pension – For those
B with less than 10 years’ service, the Pension Rules provide for
gratuity payment and therefore, for invalid pension, qualifying years
of service, cannot be ignored – The different provisions of the
Pension Rules cannot be read in isolation and must be construed
harmoniously and the requirement of qualifying service cannot be
C said to be irrelevant for claiming different service benefits under
the same Rules – Service law – Orissa Civil Services (Pension) Rules,
1992.
Interpretation of statutes: Harmonious construction – Pension
Rules – Construction of – When the question arises as to how certain
provisions of the Pension Rules are to be understood, it is appropriate
D
to read the provision in its context which would mean reading the
statute as a whole – In other words, a particular provision of the
statute should be construed with reference to other provisions of
the same statute so as to construe the enactment as a whole – An
interpretation which involve conflict with two provisions of the same
E statute should be avoided and effort should be made for harmonious
construction – The provision of a Rule cannot be used to defeat
another Rule unless it is impossible to effect reconciliation between
them – Orissa Civil Services (Pension) Rules, 1992.
Allowing the appeal, the Court
F
HELD: 1. The net qualifying service of respondent’s
husband for the benefits under the Pension Rules was 4 years 6
months and 29 days only. For government servants not completing
ten years qualifying service prescribed in Rule 47(5)(i) of the
Pension Rules, the service gratuity is to be paid at a uniform rate
G of half month’s emolument for every completed six months period
of service. Such gratuity benefit as also the other terminal benefits
like GPF, unutilized Earned Leave, Death-cum-Retirement
Gratuity (DCRG), etc. were sanctioned and paid to the widow of
the employee. Moreover, respondent was also appointed as a
sweeper under the Rehabilitation Assistance Scheme and she is
H
STATE OF ODISHA & ORS. v. MANJU NAIK 475

in regular government service, since 12.6.2006. The gratuity and A
other benefits and the compassionate appointment was accepted
by the respondent without raising any additional claim towards
invalid pension for her deceased husband, who retired on
6.7.1996. Long after his death on 24.7.1996, the respondent
approached the Tribunal to belatedly pray for firstly, fixation of
B
pay for her husband in the revised scale and also to sanction
family pension benefits for the applicant, following the death of
the government employee along with all consequential and
terminal benefits. The respondent never however prayed for
invalid pension before the Tribunal. Yet, the Tribunal ordered for
invalid pension for the respondent’s husband, under Rule 39 of C
the Pension Rule. When the Tribunal’s decision was challenged
in the High Court, the State specifically contended that Rule 39
has to be read together with Rule 47 of the Pension Rules and
the specified qualifying service must be satisfied even for claiming
invalid pension. But the High Court without adverting to the
D
specific contention raised by the appellants, dismissed the writ
petition with a cryptic order observing that the Tribunal has passed
a reasoned order and that the husband of the respondent is
entitled to invalid pension under Rule 39 of the Pension Rules.
[Paras 14-17][480-D-H; 481-A-C]
2. An employee becomes entitled to pension by stint of his E
long service for the employer and, therefore, it should be seen
as a reward for toiling hard and long for the employer. The Pension
Rules provide for a qualifying service of 10 years for such
entitlement. When the question arises as to how certain
provisions of the Pension Rules are to be understood, it would F
be appropriate to read the provision in its context which would
mean reading the statute as a whole. It would also be necessary
to avoid an interpretation which will involve conflict with two
provisions of the same statute and effort should be made for
harmonious construction. Pension is earned by stint of continuity
and longevity of service and minimum qualifying service should G
therefore be understood as the requirement for invalid pension
as well. [Para 20][481-G-H; 482-A-C]
Union of India and Another v. Bashirbhai R. Khiliji
(2007) 6 SCC 16 : [2007] 6 SCR 1060 – relied on.
H
476 SUPREME COURT REPORTS [2019] 14 S.C.R.

A 3. In a case like this, the need for compassion and the
compliance of the norms has to be balanced. The allowable gratuity
benefits were granted on account of the respondent’s husband
and after he died, the widow was appointed (on 12.6.2006) in a
government job under the Rehabilitation Assistance Scheme.
Thus, the needed means of sustenance was provided to the
B
deceased’s family. [Para 24][484-C-D]
4. The respondent’s husband had not served for ten years
and was therefore, he disentitled for regular pension. For the
same reason, he cannot also be held entitled to invalid pension.
The different provisions of the Pension Rules cannot be read in
C isolation and must be construed harmoniously and the
requirement of qualifying service cannot be said to be irrelevant
for claiming different service benefits under the same Rules.
[Para 25][484-D-E]
Case Law Reference
D
[2007] 6 SCR 1060 relied on Para 22
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9204
of 2019.
From the Judgment and Order dated 29.11.2016 of the High Court
E of Orissa, Cuttack in W.P. (C) No. 14413 of 2016.
Ms. Anindita Pujari, Om Narayan, Advs. for the Appellants.
Kedar Nath Tripathy, Adv. for the Respondent.
The Judgment of the Court was delivered by
F HRISHIKESH ROY, J.
1. Leave granted.
2. This appeal arises out of the judgment and order dated
29.11.2016 in W.P. (C)No. 14413 of 2016 whereunder the High Court
G of Orissa has dismissed the appellants’ challenge to the order dated
3.8.2015 of the Odisha Administrative Tribunal (hereinafter referred to
as “the Tribunal”) under which the authorities were directed to consider
sanction of invalid pension in favour of late Sagar Naik (husband of the
respondent) and thereafter settle family pension in favour of the applicant,
under the provisions of the Orissa Civil Services (Pension) Rules-
H 1992 (hereafter referred to as “the Pension Rules”).
STATE OF ODISHA & ORS. v. MANJU NAIK 477
[HRISHIKESH ROY, J.]

3. The respondent filed the OA No. 18(B)/2010 before the A
Tribunal praying for fixation of pay of late Sagar Naik and for disbursal
of his accrued financial benefits with effect from 1.1.1996 until he was
retired on 6.7.1996 on being mentally incapacitated. The applicant also
prayed for sanction of family pension from the date of death of her
husband i.e. 24.7.1996.
B
4. The applicant projected before the Tribunal that her husband
on being found incapacitated was made to retire from service on 6.7.1996
and he died soon thereafter on 24.7.1996 and therefore, the widow is
entitled to family pension. She also tried to make out a case for grant of
invalid pension in favour of her late husband.
C
5. Opposing the prayers, the Government Advocate on behalf of
the State contended before the Tribunal that the applicant’s husband had
not rendered the qualifying period of service so as to make him eligible
for pension. Opposing the claim for invalid pension for the deceased
husband, the appellants contended that Rule 39 of the Pension Rules
governing invalid pension has to be read together with Rule 47 which D
specifies the qualifying service of ten years for grant of pension and
accordingly it was argued that the applicant is disentitled to any relief
from the Tribunal.
6. Notwithstanding the State’s above contention, the Tribunal
concluded that the applicant’s husband is entitled to invalid pension under E
Rule 39 of the Pension Rules and accordingly, the authorities were
directed to sanction the invalid pension for the applicant’s husband and
after his death, to settle the family pension for the applicant, after
regularizing the services of the deceased employee.
7. The above decision was challenged by the appellants through F
W.P.(C) No. 14413/2016 where the State projected that Rule 39 has to
be read jointly with Rule 47 of the Pension Rules and if Rules are
applied as it should be, conjointly, the deceased government employee is
ineligible for invalid pension. However, without adverting to the specific
contention raised by the appellants, the High Court observed that a G
reasoned order was passed by the Tribunal declaring entitlement for
the invalid pension and accordingly the Tribunal’s impugned order was
left undisturbed and the writ petition came to be dismissed.
8. Representing the State of Odisha and other appellants,
Ms. Anindita Pujari, learned counsel submits that the deceased
H
478 SUPREME COURT REPORTS [2019] 14 S.C.R.

A government employee was unauthorizedly absent from service from
1.2.1995 to 23.7.1995 and was under suspension from 24.7.1995 to
6.7.1996 and this period cannot be counted for determining the qualifying
service. Thus, in his credit, the deceased employee had net qualifying
service of 4 years 6 months and 29 days until he was superannuated on
6.7.1996. The learned counsel then refers to the provisions of Rule
B
47(2)(b) and 47(5)(i) to argue that without completing the qualifying
service of ten years, the deceased employee is ineligible for pension.
Due to such non-entitlement, the widow was granted the alternate benefit
i.e., the service gratuity amount by computing the entitlement under Rule
47(5)(i) of the Pension Rules.
C 9. On account of the short duration of service rendered by the
deceased employee, the State’s counsel then argues that the respondent’s
husband cannot be granted invalid pension under Rule 39 as the provision
has to be conjointly read with Rule 47 and Rule 56 of the Pension
Rules which specify the qualifying service of ten years and also the
D consequences for those who do not satisfy the eligibility criterion for
qualifying service.
10. Per-contra, Mr. Kedar Nath Tripathi, learned counsel for the
respondent/applicant, would however argue that the government
employee was allowed to retire from service on 6.7.1996 on the ground
E of mental incapacity and since invalid pension is envisaged under Rule
39 of the Pension Rules for such prematurely retiring employees
suffering permanent incapacity, the Tribunal and the High Court have
rightly ordered for grant of invalid pension for the respondent’s husband.
11. The learned counsel then submits that since the government
F servant died within few days of retirement, firstly he must be paid the
invalid pension under Rule 39 and after his death on 24.7.1996, the
respondent as the widow, should be held entitled to family pension.
12. The issue to be considered here is whether the minimum
qualifying service prescribed under the Pension Rules can be ignored
G for the purpose of consideration of invalid pension under Rule 39 of the
Pension Rules. As a corollary, whether the Tribunal or the High Court
erred in directing invalid pension for a government employee who did
not have the qualifying service, prescribed under the Pension Rules.
13. At this stage, the relevant provisions of the Pension Rules
are extracted hereinbelow for ready reference:-
H
STATE OF ODISHA & ORS. v. MANJU NAIK 479
[HRISHIKESH ROY, J.]

“. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . A
39. Invalid Pension – (1) invalid pension may be granted if a
Government servant retires from the service on account of
bodily or mental infirmity which permanently incapacitates
him for the service.
(2) A Government servant applying for an invalid pension B
shall submit a medical certificate of incapacity from the
following medical authority, namely : -
(a) Medical Board, in the case of all Gazetted and specially
declared Gazetted Government servants, and
(b) A Chief District Medical Officer or Medical Officer of C
equivalent status in case of other Government servants.
47. Amount of pension (1)
******** ******** ****
2 (a) **** **** ******** **** D
(b) In the case of Government servant retiring in accordance
with the provisions of these rules before completing qualifying
service of thirty-three years, but after completing qualifying
service of ten years, the amount of pension shall be
proportionate to the amount of pension admissible under E
clause (a) and in no case the amount of pension shall be less
than the minimum amount of pension admissible.
******** ******** ****
******** ******** ****
F
(5)(i) In the case of a Government servant retiring in
accordance with the provisions of these rules before
completing qualifying service of ten years, the amount of
service gratuity shall be paid at a uniform rate on half month’s
emoluments for every completed six monthly period of service.
G
56. Family Pension :
**** **** **** **** **** **** ****
(2) Without prejudice to the provisions contained in Sub-rule
(4) where a Government servant dies-
**** **** **** **** **** **** ***** H
480 SUPREME COURT REPORTS [2019] 14 S.C.R.

A (c ) After retirement from service and was on the date of death
in receipt of pension, or compassionate allowance, referred
to in Chapter IV other than the pension referred to in rules
43 and 44 the family of the deceased shall be entitled to family
pension, the amount of which shall be determined in
accordance with the table below.
B
. . . . . . . . . . . . . . . . . . . . . .”
14. The respondent’s husband, late Sagar Naik was appointed on
22.8.1989 under the Rehabilitation Assistance Scheme as his father late
Suri Naik died in harness, while serving in the M.K.C.G. Medical College
C and Hospital. The appointee was however found to be suffering from
mental incapacity and accordingly, on the basis of the medical certificate
issued by the HoD of the Psychiatric Department of the S.C.B. Medical
College, Cuttack, the employee was retired from service on 6.7.1996 on
the ground of mental incapacity. The case paper reveals that the service
of the employee was erratic, as he remained absent from 1.2.1995 to
D 23.7.1995 and was under suspension from 24.7.1995 to 6.7.1996. Thus
his net qualifying service for the benefits under the Pension Rules was
taken as 4 years 6 months and 29 days only.
15. For government servants not completing ten years qualifying
service prescribed in Rule 47(5)(i) of the Pension Rules, the service
E gratuity is to be paid at a uniform rate of half month’s emolument for
every completed six months period of service. Such gratuity benefit as
also the other terminal benefits like GPF, unutilized Earned Leave, Death-
cum-Retirement Gratuity (DCRG), etc. were sanctioned and paid to the
widow of the employee. Moreover, respondent was also appointed as a
F sweeper under the Rehabilitation Assistance Scheme and she is in regular
government service, since 12.6.2006.
16. The gratuity and other benefits and the compassionate
appointment was accepted by the respondent without raising any
additional claim towards invalid pension for her deceased husband, who
G retired on 6.7.1996. Long after his death on 24.7.1996, the respondent
approached the Tribunal to belatedly pray for firstly, fixation of pay for
her husband in the revised scale with effect from 1.1.1996 till his
superannuation and also to sanction family pension benefits for the
applicant, following the death of the government employee (on 24.7.1996)
along with all consequential and terminal benefits. The respondent never
H
STATE OF ODISHA & ORS. v. MANJU NAIK 481
[HRISHIKESH ROY, J.]

however prayed for invalid pension before the Tribunal. Yet, the Tribunal A
ordered for invalid pension for the respondent’s husband, under Rule 39
of the Pension Rules.
17. When the Tribunal’s decision was challenged in the High
Court, the State specifically contended that Rule 39 has to be read
together with Rule 47 of the Pension Rules and the specified qualifying B
service must be satisfied even for claiming invalid pension. But the High
Court without adverting to the specific contention raised by the appellants,
dismissed the writ petition with a cryptic order observing that the Tribunal
has passed a reasoned order and that the husband of the respondent is
entitled to invalid pension under Rule 39 of the Pension Rules.
C
18. The requirement of completing the qualifying service of ten
years for receipt of pension is prescribed under Rule 47(2)(b) and for
those government employees who retire before completing the qualifying
service, alternate relief is envisaged under the Pension Rules itself.
How the service gratuity is to be computed, is also prescribed in Rule
47(5)(1) of the Pension Rules. D

19. The respondent’s husband was retired on the ground of mental
infirmity and hence the service gratuity was paid and the widow had
received the same, without any demur. She never raised any claim for
invalid pension either at the time of retirement on 6.7.1996 or even when
she approached the Tribunal i.e. 14 years later in the year 2010. E
Nevertheless, the Tribunal went beyond the prayers in the O.A. No.
18(B)/2010 and ordered for invalid pension for late Sagar Naik and then
following his death, ordered for family pension for the widow. In declaring
such entitlement the High Court and the Tribunal however ignored the
qualifying service of ten years as prescribed in the Pension Rules although F
the State specifically argued that the qualifying service criterion has to
be satisfied not only for the regular pension but also for the invalid pension
since both claims are to be considered under the very same Pension
Rules.
20. An employee becomes entitled to pension by stint of his long G
service for the employer and, therefore, it should be seen as a reward
for toiling hard and long for the employer. The Pension Rules provide
for a qualifying service of 10 years for such entitlement. When the
question arises as to how certain provisions of the Pension Rules are to
be understood, it would be appropriate to read the provision in its context
H
482 SUPREME COURT REPORTS [2019] 14 S.C.R.

A which would mean reading the statute as a whole. In other words, a
particular provision of the statute should be construed with reference to
other provisions of the same statute so as to construe the enactment as
a whole. It would also be necessary to avoid an interpretation which will
involve conflict with two provisions of the same statute and effort should
be made for harmonious construction. In other words, the provision of a
B
Rule cannot be used to defeat another Rule unless it is impossible to
effect reconciliation between them. Pension as already stated is earned
by stint of continuity and longevity of service and minimum qualifying
service should therefore be understood as the requirement for invalid
pension as well. The Pension Rules can be harmoniously construed in
C this manner and in that event, there shall be no clash between different
provisions in the said Rules.
21. The condition of qualifying service prescribed in the Pension
Rules must be satisfied to become eligible for invalid pension and the
arguments made to the contrary that invalid pension can be claimed
D under Rule 39 without satisfying the stipulated qualifying service
mentioned in the same Rules, do not appeal to us. The respondent’s
husband who had served for lesser years then the 10 years qualifying
service, was found entitled by his employers to service gratuity only,
because of his premature retirement on the ground of mental
incapacitation and this is what is prescribed by the Pension Rules. The
E dues toward service gratuity was paid accordingly. The Pension Rules
definitely envisaged that there could be a situation where an employee
may not be eligible for pension benefits for not satisfying the prescribed
qualifying service of 10 years. For those with less than 10 years’ service,
the Pension Rules provide for gratuity payment and therefore, it is difficult
F for us to conclude that for invalid pension, qualifying years of service,
can be ignored.
22. The above view of ours is supported by the ratio in Union of
India and Another Vs. Bashirbhai R. Khiliji1, where this Court was
considering claim for invalid pension for an armed constable in the CRPF
G who suffered from pyrogenic meningitis and neurosensory deafness
(bilateral). In that case, the CRPF personnel was declared unfit for active
duty, and he was invalidated from service. He applied to authorities for
invalid pension but that was rejected on the ground that he had not
completed the qualifying service of 10 years. Instead, he was paid service
1
H (2007) 6 SCC 16
STATE OF ODISHA & ORS. v. MANJU NAIK 483
[HRISHIKESH ROY, J.]

gratuity. The High Court in that case however, took the view that since A
the CRPF Constable’s invalidity was 100 per cent, he was entitled to
invalid pension and the stipulation of 10 years of qualifying service could
not be invoked to deny him the invalid pension. However, Justice A.K.
Mathur, speaking for a two judge Bench of this Court while interpreting
similar provisions in the applicable Rules, negated the High Court’s view
B
and pronounced on the issue of qualifying service for invalid pension, in
the following manner:-
“. . . . . . . . . . . . . . . . . . . . . .
9. We are presently concerned with two provisions of the Rules
i.e., Rule 38 and 49. Rule 38, as reproduced above, contemplates C
the invalid pension. The procedure has been mentioned therein
i.e. in case an incumbent retires from service on account of bodily
or mental infirmity which permanently incapacitated him for the
service, then a medical certificate of incapacity shall be given by
the authorities concerned and in particular Form 23 the same may
be applied before the competent authority. It is true that the D
qualifying service is not mentioned in Rule 38 but Rule 49 which
deals with the amount of pension stipulates that a government
servant retiring in accordance with the provisions of these Rules
before completing qualifying service of ten years, the amount of
service gratuity shall be calculated at the rate of half month’s E
emoluments for every completed six-monthly period of qualifying
service. Therefore, the minimum qualifying service of ten years
is mentioned in Rule 49. The word “qualifying service” has been
defined in Rule 3(1)(q) of the Rules which read as under:
“3. (1) (q) ‘qualifying service’ means service rendered while on F
duty or otherwise which shall be taken into account for the purpose
of pensions and gratuities admissible under these Rules;”
10. Therefore, the minimum qualifying service which is required
for the pension as mentioned in Rule 49, is ten years. The qualifying
service has been explained in various memos issued by the G
Government of India from time to time. But Rule 49 read with
Rule 38 makes it clear that qualifying service of pension is ten
years and therefore, gratuity is determined after completion of
qualifying service of ten years. Therefore, for grant of any kind
of pension one has to put in the minimum of ten years of qualifying
H
484 SUPREME COURT REPORTS [2019] 14 S.C.R.

A service. The respondent in the present case, does not have the
minimum qualifying service. Therefore, the authorities declined
to grant him the invalid pension. But the amount of gratuity has
been determined and the same was paid to him.
. . . . . . . .. . . . . . . . . . . . . .”
B (Underlining added)
23. The above enunciation of the law on requirement of qualifying
service for invalid pension by the bench of two judges is reiterated and
approved by us.

C 24. In a case like this, the need for compassion and the compliance
of the norms has to be balanced. As earlier noted, the allowable gratuity
benefits were granted on account of the respondent’s husband and after
he died, the widow was appointed (on 12.6.2006) in a government job
under the Rehabilitation Assistance Scheme. Thus, the needed means
of sustenance was provided to the deceased’s family.
D
25. The respondent’s husband had not served for ten years and
was therefore, he disentitled for regular pension. For the same reason,
he cannot also be held entitled to invalid pension. The different provisions
of the Pension Rules cannot be read in isolation and must be construed
harmoniously and the requirement of qualifying service cannot be said
E to be irrelevant for claiming different service benefits under the same
Rules. Here the employee did not satisfy the requirement of qualifying
service and therefore the invalid pension could not have been ordered
for him, under Rule 39 of the Pension Rules.
26. In the above context, it will bear emphasis that the respondent
F never prayed for invalid pension for her husband in her O.A. and yet the
Tribunal as well as the High Court granted her the unclaimed relief.
Such additional munificence, in addition to the job provided to the first
respondent under the Rehabilitation Assistance Scheme for the
sustenance of the deceased’s family, in our view, was unwarranted and
the impugned order cannot be sustained.
G
27. In view of the foregoing, the impugned orders of Tribunal
and the High Court are set aside and the Appeal stands allowed. The
parties to bear their own cost.

H Devika Gujral Appeal allowed.