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1 - 10 of 43 (0.34 seconds)D.S. Nakara & Others vs Union Of India on 17 December, 1982
Although she has not challenged the cut-off date as arbitrary, reliance
in this connection is placed by her on the decision in the case of D.S.
Nakara v. Union of India1. This decision has been subsequently explained and
distinguished in a number of cases.
Krishena Kumar And Anr. Etc. Etc vs Union Of India And Ors on 13 July, 1990
24.Considering the various judgments relied on by the learned counsel
for the petitioners and the respondents and their arguments, I am inclined to
hold that the contention of the counsel for the respondents 2 to 6 have
considerable force and acceptable. As rightly contended by the learned
counsel for the respondents 2 to 6, the petitioners have not challenged any
of the provisions of Pension Scheme. Their only contention is that when pay
scale is revised and the employees who were in service, when it came into
force, are paid Pension based on the revised pay scale, they must also be
paid the same amount. This contention is untenable and unacceptable. The
definition of ?employee? and ?pensioner? created two different category of
persons. The pensioners therefore cannot claim benefits
granted to the employees who were in service at the time of revision of scale
of pay. The Apex Court explained the ratio in D.S.Nakara's case in the
judgment of Krishna Kumar Vs Union of India [1990 (4) SCC 207].
Indian Ex-Services League And Ors. Etc vs Union Of India And Ors. Etc on 29 January, 1991
13. It clearly appears from all these cases that Nakara case1 is not a
case of universal application irrespective of the facts and circumstances of
the case. When the Government decided that pension was to be calculated on
the basis of average salary drawn over a period of last ten months, it was
held in Nakara1 that this principle has to be applied even to those persons
who had retired before the notified date. That, however, does not mean that
the emoluments of the persons who were retiring after the notified date and
those who have retired before the notified date holding the same status must
be treated to be the same. This argument was specifically negatived by the
Constitution Bench in the case of All India Services Pensioners? Assn.4 What
the petitioner is claiming in this case is more or less the same relief as
was denied to him in the above case.?
Article 16 in Constitution of India [Constitution]
Madras Bar Association vs Union Of India & Anr on 25 September, 2014
Assn. v. Union of India6 when the validity of the introduction of
Pension Scheme in lieu of Contributory Provident Fund Scheme was challenged
on the ground that bank employees who retired prior to 1-1-1986 have not been
given the benefit of the said Scheme, it was held by this Court that there is
no arbitrariness in the same.?
Article 21 in Constitution of India [Constitution]
State Of Rajasthan vs Rajasthan Pensioner Samaj on 23 April, 1991
?3.......It is permissible to introduce different retiral benefit
schemes for government servants as indicated in the decisions held by this
Court in Krishena Kumar v. Union of India3, Indian Ex-Services League v.
Union of India4 and State of Rajasthan v. Rajasthan Pensioner Samaj5.?
Dr. (Mrs.) Sushma Sharma Etc. Etc vs State Of Rajasthan & Ors on 12 March, 1985
In the case of Sushma Sharma (Dr) v.
State of Rajasthan2 (AIR at p. 1379 : SCC p. 66, para 44) this Court cited
with approval its earlier observations in Union of India v. Parameswaran
Match Works Ltd.3 to the effect that the choice of a date as a basis of
classification cannot always be dubbed as arbitrary unless it is capricious
or whimsical...........Pensioners under the old rules and pensioners under
the new rules are not similarly situated. Each set of retiring employees
will be governed by their own rules in force when they retire.?
V. Kasturi vs Managing Director, State Bank Of India, ... on 9 October, 1998
In the case of
V.Kasthuri Vs State Bank of India (supra) (1998) (8) SCC 30, it was held that
if a person was eligible for pension at the time of his retirement and if he
survives till the time of subsequent amendment of the relevant pension
scheme, he would become eligible to get enhanced pension or would become
eligible to get more pension as per new formula. Accordingly, he would be
entitled to get similar benefit from the date it is given to other members.