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Case Law Details

Case Name : State of Rajasthan Vs O.P. Gupta (Supreme Court of India)
Appeal Number : Special Leave Petition (Civil) No. of 2022 [DIARY NO. 27824 OF 2020]
Date of Judgement/Order : 19/09/2022
Related Assessment Year :
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State of Rajasthan Vs O.P. Gupta (Supreme Court of India)

Dr. Singhvi submitted that the appointment was a fresh appointment for which past service was inconsequential. Dr. Singhvi, emphatically argued that, in service jurisprudence, resignation necessarily leads to cessation from service and entails forfeiture of past service. The stand taken by the State is arbitrary, unreasonable and misconceived.

The State is bound by the fundamental rights of its employees under Articles 14 to 16 of the Constitution of India. It is now well settled that arbitrariness violates the right to equality under Articles 14 to 16 of the Constitution of India.

There can be no doubt that resignation from service may entail forfeiture of past service. However, sub-rule (2) of Rule 25 of the Rules carves out an exception. The said sub-rule clarifies that a resignation with proper permission to take up another appointment, whether temporary or permanent, under the Government shall not entail forfeiture of past service.

At the cost of repetition, it is reiterated that the Respondent was selected through the RPSC. He applied for the post of Assistant Director (Agro-Industries), while he was still in service of the Rajasthan State Agro Industry Corporation, which is also an entity fully controlled by the State of Rajasthan.

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