The Supreme Court recently held that state government employees serving on deputation in central government roles are not entitled to pensions under the Central Civil Services (Pension) Rules, 1972 (CCS Pension Rules). The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, overturned a Calcutta High Court ruling, favoring the Union of India.
Deputation Service And Pension Eligibility
The case revolved around Phani Bhusan Kundu, a West Bengal government employee since 1968, who served as Animal Husbandry Commissioner for the Government of India in 1991. His appointment was on deputation for a limited term. Despite retiring in September 1992, an administrative oversight delayed his repatriation to his parent department.
The Central Administrative Tribunal (CAT) in 2014 ruled that his pension should be calculated based on the central pay scale. The High Court upheld this decision, stating that deputation granted him an indefeasible right to central absorption.
Supreme Court Clarifies Deputation Rules
The Supreme Court rejected this view, citing the precedent set in State of Punjab v. Inder Singh. It explained that:
Deputation is temporary service outside an employee’s cadre or department.
Deputed employees retain their lien with the parent department and revert after deputation ends unless promoted under parent recruitment rules.
Deputation does not imply absorption into the borrowed department.
Pension Limited To State Rules
The Court ruled that Kundu’s deputation did not qualify him for a pension under the CCS Pension Rules. His pension remains governed by the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971.
Keywords: Supreme Court, Deputation Service, Central Pension Rules, CCS Pension Rules, State Government Employee, CAT Decision, Pension Eligibility
