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Retired Officers Welfare Society & Ors vs Indian Oil Corporation Ltd. & Anr on 4 April, 2025 cites

D.S. Nakara & Others vs Union Of India on 17 December, 1982

That is the combined effect of Staff Circular No. 18 dated 8-4-1974 read with the Pension Fund Rules referred to supra. The reason for prescribing the maximum age-limit of 35 or 38, as the case may be, for the purpose of induction into Pension Fund appears to be that the employee would be able to render minimum service of 20 years as contemplated by Rule 22 of the Pension Fund Rules. However, there does not appear to be any rationale or discernible basis for fixing the cut-off date as 1-1-1965, notwithstanding their earlier confirmation in bank service. True, a new benefit has been conferred on the ex-servicemen and therefore, a cut-off Signature Not Verified Digitally Signed By:KAMAL KUMAR W.P.(C) 4406/2017 and connected matter Page 51 of 59 Signing Date:07.04.2025 23:51:06 date could be fixed for extending this new benefit, without offending the ratio of the decision in D.S. Nakara v. Union of India [(1983) 1 SCC 305 :
Supreme Court of India Cites 24 - Cited by 2485 - D A Desai - Full Document

State Bank Of India vs L. Kannaiah And Ors on 19 August, 2003

22. SBFS-2 was introduced pursuant to recommendations of Justice Rao Committee w.e.f. 01.01.2007 and was essentially employer's contribution scheme with an objective that those employees retiring post 01.01.2007 who were getting lesser pensions should get enhanced pensions with the increase in wages, but the objective was wrongly construed by IOCL and instead of enhancing the benefits, IOCL modified the original Scheme to reduce the pensionary benefits. Clause 13 of MoU dated 07.11.1987 clearly provided that any future Government Scheme for pension would only be in addition. Moreover, minimum service of 15 years was the criteria under SBF Scheme and Petitioners had already completed the eligibility period and therefore, it was not open to IOCL to introduce an artificial distinction and cut-off date to deprive the Petitioners of the benefits under the earlier Scheme. Reliance was placed on the judgment in State Bank of India v. L. Kannaiah and Others, (2003) 10 SCC 499, wherein the Supreme Court held that when the employees had completed minimum Signature Not Verified Digitally Signed By:KAMAL KUMAR W.P.(C) 4406/2017 and connected matter Page 12 of 59 Signing Date:07.04.2025 23:51:06 qualifying service, the benefits of pension could not be denied on the basis of a new scheme conferring a new benefit.
Supreme Court of India Cites 3 - Cited by 26 - P V Reddi - Full Document
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