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Chairman, Railway Board And Ors vs C.R. Rangadhamaiah And Ors. Etc. Etc on 25 July, 1997

18. Leaned counsel for the appellant submitted that the pension of the respondents which was recomputed on the basis of the judgment of this Court in Chairman, Railways Board and others vs. C.R. Rangadhamaiah and others (supra) is fully protected and the respondents will continue to take the benefits in future also. However, he submitted that the pensionary benefits of the respondents who retired prior to 1.1.1986 was to be determined by fixing notional pay w.e.f. 1.1.1986 and further pension was to be re-fixed w.e.f. 1.1.1986 without taking into consideration the running allowance as per the policy of the Railway Board for implementation of the recommendation of the 5th Central Pay Commission while revising the retiral benefits w.e.f. 1.1.1986. He submitted that there was no infirmity in the policy issued by the Department of Personnel & PW and adopted by the Railway Board, and subsequent circulars issued by the Railway Board regarding release of retiral benefits to the employees who retired prior to 1.1.1986.
Supreme Court of India Cites 20 - Cited by 522 - S C Agrawal - Full Document

Col. (Retd.) B.J. Akkara vs The Govt. Of India & Ors on 10 October, 2006

25. It is well settled that when two sets of employees of the same rank retire at different points of time, one set cannot claim the benefit extended to the other set on the ground that they are similarly situated. Though they retired with the same rank, they are not of the same class or homogeneous group. Hence Article 14 has no application. The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment (vide Col B.J. Akkara (Retd) vs. Govt of India, (2006) 11 SCC 709, D.S. Nakara vs. Union of India (1983) 1 SCC 305, Krishna Kumar vs. Union of India (1990) 4 SCC 207, Indian Ex-Services League vs. Union of India (1991) 2 SCC 104, V. Kasturi vs. Managing Director, State Bank of India (1998) 8 SCC 30 and Union of India vs. Dr. Vijayapurapu Subbayamma (2000) 7 SCC 662).
Supreme Court of India Cites 11 - Cited by 230 - Full Document

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

25. It is well settled that when two sets of employees of the same rank retire at different points of time, one set cannot claim the benefit extended to the other set on the ground that they are similarly situated. Though they retired with the same rank, they are not of the same class or homogeneous group. Hence Article 14 has no application. The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment (vide Col B.J. Akkara (Retd) vs. Govt of India, (2006) 11 SCC 709, D.S. Nakara vs. Union of India (1983) 1 SCC 305, Krishna Kumar vs. Union of India (1990) 4 SCC 207, Indian Ex-Services League vs. Union of India (1991) 2 SCC 104, V. Kasturi vs. Managing Director, State Bank of India (1998) 8 SCC 30 and Union of India vs. Dr. Vijayapurapu Subbayamma (2000) 7 SCC 662).
Supreme Court of India Cites 24 - Cited by 2485 - D A Desai - Full Document

Indian Ex-Services League And Ors. Etc vs Union Of India And Ors. Etc on 29 January, 1991

25. It is well settled that when two sets of employees of the same rank retire at different points of time, one set cannot claim the benefit extended to the other set on the ground that they are similarly situated. Though they retired with the same rank, they are not of the same class or homogeneous group. Hence Article 14 has no application. The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment (vide Col B.J. Akkara (Retd) vs. Govt of India, (2006) 11 SCC 709, D.S. Nakara vs. Union of India (1983) 1 SCC 305, Krishna Kumar vs. Union of India (1990) 4 SCC 207, Indian Ex-Services League vs. Union of India (1991) 2 SCC 104, V. Kasturi vs. Managing Director, State Bank of India (1998) 8 SCC 30 and Union of India vs. Dr. Vijayapurapu Subbayamma (2000) 7 SCC 662).
Supreme Court of India Cites 7 - Cited by 203 - J S Verma - Full Document

Union Of India & Ors vs Dr. Vijayapurapu Subbayamma on 22 September, 2000

25. It is well settled that when two sets of employees of the same rank retire at different points of time, one set cannot claim the benefit extended to the other set on the ground that they are similarly situated. Though they retired with the same rank, they are not of the same class or homogeneous group. Hence Article 14 has no application. The employer can validly fix a cut-off date for introducing any new pension/retirement scheme or for discontinuance of any existing scheme. What is discriminatory is introduction of a benefit retrospectively (or prospectively) fixing a cut-off date arbitrarily thereby dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment (vide Col B.J. Akkara (Retd) vs. Govt of India, (2006) 11 SCC 709, D.S. Nakara vs. Union of India (1983) 1 SCC 305, Krishna Kumar vs. Union of India (1990) 4 SCC 207, Indian Ex-Services League vs. Union of India (1991) 2 SCC 104, V. Kasturi vs. Managing Director, State Bank of India (1998) 8 SCC 30 and Union of India vs. Dr. Vijayapurapu Subbayamma (2000) 7 SCC 662).
Supreme Court of India Cites 4 - Cited by 49 - Full Document
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