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    <title>2007 (9) TMI 600 - Supreme Court</title>
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    <description>The statutory option to count past service for pensionary benefits was mandatory because it required an employee to act within a fixed one-year period and the statute attached a deeming consequence for non-compliance. The scheme gave a choice between retaining prior retiral benefits or depositing them with interest to seek counting of past service, and a directory reading was rejected because it would defeat the deeming clause. The employee&#039;s earlier election under a pension scheme did not amount to a valid option for past-service counting, and no timely deposit was made. The transfer-of-service conditions were also unmet because the employee had resigned, had a long break in service, and lacked the required channel and consent.</description>
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    <pubDate>Thu, 06 Sep 2007 00:00:00 +0530</pubDate>
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      <title>2007 (9) TMI 600 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168278</link>
      <description>The statutory option to count past service for pensionary benefits was mandatory because it required an employee to act within a fixed one-year period and the statute attached a deeming consequence for non-compliance. The scheme gave a choice between retaining prior retiral benefits or depositing them with interest to seek counting of past service, and a directory reading was rejected because it would defeat the deeming clause. The employee&#039;s earlier election under a pension scheme did not amount to a valid option for past-service counting, and no timely deposit was made. The transfer-of-service conditions were also unmet because the employee had resigned, had a long break in service, and lacked the required channel and consent.</description>
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