High Court of Gujarat
R/Special Civil Application No. 8433 of 2024
August 31, 2026
Honourable Mr. Justice N.S. Sanjay Gowda and Honourable Mr. Justice J. L. Odedra
Sahebji S/o Banesing Raijada (Petitioner) vs. Union of India & Ors. (Respondents)
This article is a simplified summary of the court judgment prepared for informational and educational purposes only. It does not constitute legal advice or an official legal document. For complete facts and full context, please refer to the official judgment attached below.
What Was the Case About
The petitioner served in the Central Reserve Police Force (CRPF) for 21 years (1969 to 1990) before voluntarily retiring, and was later re-employed at All India Radio (AIR) in 1994, where he worked for 14 years until his superannuation in 2009. When he requested that his 21 years of past CRPF service be counted toward his qualifying service for pension and gratuity, the authorities and the Central Administrative Tribunal rejected his claim on the ground that CRPF is a civil/paramilitary service and the gap between the two jobs could not be condoned under military service rules. The petitioner filed a writ petition before the Gujarat High Court to set aside the rejection and claim his full pensionary benefits.
Key Arguments
- Petitioner (Sahebji S/o Banesing Raijada): Argued that because the authorities themselves classified CRPF as a civil government service, Rule 28 of the CCS (Pension) Rules automatically condones any interruption between two spells of civil service, making his prior CRPF service a qualifying service for pension. He also cited a precedent from the Kerala High Court (G. Bhasi v. Union of India) supporting the combination of past CRPF service with subsequent AIR service.
- Respondents (Union of India & Ors.): Contended that Rule 7(2) barred a separate pension upon re-employment, Rule 19 only allowed condoning service breaks for military service (not paramilitary service), and the petitioner had failed to specify his past service details when applying for the AIR job.
What Did the Court Decide
The High Court Division Bench allowed the writ petition and set aside the rejection orders. The Court held that under Rule 28(1) of the CCS (Pension) Rules, any interruption between two spells of civil government service is automatically condoned, and pre-interruption service must be counted as qualifying service for pension. Since the respondents explicitly acknowledged that CRPF is a civil service, Rule 28 applied automatically. The Court further ruled that omitting past service details on the job application form was inconsequential because he was appointed to AIR specifically as a former CRPF member, and directed that if required, the petitioner shall refund any pension drawn from CRPF without demur.
Why This Judgment Matters to Everyday Citizens
This judgment provides vital financial protection for ex-paramilitary personnel and public servants who transition from one government department to another during their working careers. It clarifies that administrative authorities cannot deny combined pension benefits by relying on technical service breaks or treating paramilitary forces differently. For everyday government employees, the ruling establishes that under Rule 28 of the CCS (Pension) Rules, interruptions between two periods of civil government service are automatically condoned, ensuring that a lifetime of public service across different state or central departments is fully counted toward post-retirement pension and retiral security.
Applicable Laws and Sections
- Acts / Rules Applicable:
- Central Civil Services (Pension) Rules [CCS (Pension) Rules]
- Key Sections / Rules:
- Rule 28 of CCS (Pension) Rules: Mandates that any interruption between two spells of civil government service is automatically condoned and pre-interruption service counts as qualifying service for pension.
- Rule 19 of CCS (Pension) Rules: Governs the condonation of break in service and counting of past military service.
- Rule 7(2) of CCS (Pension) Rules: Contains restrictions regarding drawing separate pensions upon re-employment in civil service.