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The state cannot be permitted to take benefit of its own fault: SC

The Gujarat High Court’s order directing the state government to pay pensionary benefits to a man who retired after more than 30 years of service was maintained by the Supreme Court.

The State cannot be able to benefit from its own mistakes, according to a bench of Justices MR Shah and BV Nagarathna.

‘To take the services continuously for 30 years and thereafter to contend that an employee who has rendered 30 years continuous service shall not be eligible for pension is nothing but unreasonable, ‘ the bench said.

The top court said as a welfare State, the State ought not to have taken such a stand.

‘In this case, the High Court made no error in ordering the State to provide pensionary benefits to the respondent who retired after more than 30 years of service,’ the bench said.

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