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1 - 3 of 3 (0.30 seconds)D.S. Nakara & Others vs Union Of India on 17 December, 1982
In none ot these decisions the relevant
passage from D.S. Nakara v. Union of India, [1983] SC 130,
was considered. Nor was the aspect regarding prospective
operation considered on principle. The High Court considered
it shocking and was carried away by the fact that an
employee who retired even one day before the enforcement of
the upward revision would not get the benefit if the
specified date of enforcement was not effaced by striking
down the relevant provision. But in all cases of prospective
operation it would be so. Just as one who files a suit even
one day after the expiry of limitation would lose his right
to sue, one who retires even a day prior to enforcement of
the upward revision would not get the benefit. This cannot
be helped, there is nothing shocking in it unless one can
say legislation can never be made prospective, and nothing
turns on it. These are the reasons which impelled us to
dismiss the Special Leave Petition on 18 July, 1986.
Article 226 in Constitution of India [Constitution]
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