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Kapoor Singh Pannu And Others vs State Of Haryana And Others on 19 July, 2024 cites

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

"29. D.S. Nakara (supra), which is the mainstay of the case of the employees, arose under special circumstances, quite different from the present case. It was a case of revision of pensionary benefits and classification of pensioners into two groups by drawing a cut-off line and granting the revised pensionary benefits 56 of 69 ::: Downloaded on - 24-07-2024 14:45:41 ::: Neutral Citation No:=2024:PHHC:090987-FB CWP-17310-2015 (O&M) and other connected cases 57 to employees retiring on or after the cut-off date. The criterion made applicable was "being in service and retiring subsequent to the specified date". This Court held that for being eligible for liberalised pension scheme, application of such a criterion is violative of Article 14 of the Constitution, as it was both arbitrary and discriminatory in nature. The reason given by the Court was that the employees who retired prior to a specified date, and those who retired thereafter formed one class of pensioners. The attempt to classify them into separate classes/groups for the purpose of pensionary benefits was not founded on any intelligible differentia, which had a rational nexus with the object sought to be achieved.
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

In this connection, the ratios in Krishena Kumar v. Union of India, 1990(4) SCC 207; Indian Ex-Services League v. Union of India, 1991(1) S.C.T. 468 : 1991(2) SCC 104; State Government Pensioners' Association v. State of A.P., 1986(3) SCC 501 and All India Reserve Bank Retired Officers' Association v. Union of India, 1992 Supp. (1) SCC 664 are apt. In all these cases, the prescription of a cut-off date for implementation of such benefits was held not to be arbitrary, irrational or violative of Article 14 of the Constitution.
Supreme Court of India Cites 7 - Cited by 203 - J S Verma - Full Document

R.K. Aggarwal And Others vs State Of Haryana And Others on 21 December, 2012

33 of 69 ::: Downloaded on - 24-07-2024 14:45:41 ::: Neutral Citation No:=2024:PHHC:090987-FB CWP-17310-2015 (O&M) and other connected cases 34 "23. After considering the arguments of learned counsels for all the parties, we are of the opinion that it is not even necessary to go into the various nuances and nitty grittys, which are insisted by learned counsels for the petitioners based on D.S. Nakara line of cases and N. Subbarayudu and others and S.R. Dhingra and others (supra), wherein ratio of D.S. Nakara is explained. We proceed on the basis that fixation of cut off date by the government was in order and to this extent we agree with the reasoning given by the Tribunal where similar arguments, as advanced by the petitioners before us, were rejected."
Punjab-Haryana High Court Cites 8 - Cited by 114 - A K Sikri - Full Document

All India Reserve Bank Retired Officers ... vs Union Of India And Others on 10 December, 1991

In All India Reserve Bank Retired Officers' Association v. Union of India, 1992 Supp. (1) SCC 664 : (1992) 19 ATC 856 a Bench of this Court distinguished the judgment in Nakara, (1983) 1 SCC 305 and pointed out that it is for the Government to fix a cut-off date in the case of introducing a new pension scheme. The Court negatived the claim of the persons who had retired prior to the cut-off date and had collected their retiral benefits from the employer.
Supreme Court of India Cites 17 - Cited by 761 - A M Ahmadi - Full Document
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