Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Pension – Dearness allowance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Banking Companies (acquisition and Transfer of Undertakings) Act (5 of 1970) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Allowed |
Headnote | .Service law: Pension – Dearness allowance – Claim of retirees for full compensation against price rise on dearness relief – Grievance of retirees was that appellant-bank made distinction in terms of dearness relief on the basis of dates of retirement of pensioners and that denial of benefit of full dearness relief to retirees prior to 1.11.2002 was arbitrary – High Court held that there was no justification for making distinction between pre November 2002 retirees and post November 2002 retirees and the appellant must pay dearness relief to all pensioners at the same rate – Aggrieved, Banks appealed – Held: Each class is governed by distinct and different parameters – The conferral of advantages of benefits on two different classes of retirees has a completely distinct formula and rates and it is not possible to have a synthesis on any count or to put both the sets of retirees on any common parameters – It is thus hazardous to adopt a flat rate – Any attempt to tinker with either the formula or the rate would make the whole scheme unworkable – Both the categories of retirees, namely, pre November 2002 and post November, 2002 stand on different footing, the parameters which govern the computation of dearness relief are also on a different level – High Court failed to appreciate these aspects – The impugned judgment was completely erroneous and is set aside. . |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 522 |
Petitioner | United Bank Of India And Others |
Respondent | United Bank Of India Retirees’ Welfare Association And Others Etc. |
SCR | [2018] 5 S.C.R. 436 |
Judgement Date | 2018-05-16 |
Case Number | 5252 |
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