Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Superannuation Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Superannuation - State framed Regulations, 2005 -Fixing two different ages of superannuation (58 and 60) - Forthe employees of one Department, solely on the basis of theirsource of entry in the service - Propriety and constitutionalvalidity of - Held: The employees from the two sources weretreated alike for the purpose of superannuation underRegulation 31 of 1978 Regulations - Subsequently nodiscrimination can be made and differential treatment wouldnot be permissible, solely on the basis of their source of entry- Thus, Regulations, 2005 is unconstitutional and ultra viresArt. 14 of the Constitution - The employees who were orderedto retire at the age of 58 are entitled to pecuniary benefit - Theemployees who approached the Court, shall be entitled to fullsalary upto 60 years of age - The employees who did notapproach the Court shall not be entitled to full salary upto 60years of age, but they would be deemed to have continuedin service upto 60 years and their retiral benefits to be fixedaccordingly - Uttar Pradesh Jal Nigam Employees(Retirement on the age of Superannuation) Regulations, 2005- Regulation 4 - Uttar Pradesh Jal Nigam Services ofEngineers (Public Health Branch) Regulations, 1978 -Regulation 3.1 - Constitution of India, 1950 - Art. 14. Principles - Principle of 'No work no pay' - Applicability -Held: The principle is not applicable to the employees guided by specific rules relating to absence from duty - It is also not applicable to the employee who was prevented by the employer from performing his duties.Constitution of India, 1950 - Art. 14 - Differential8 treatment of similarly situated persons/groups - Permissibility- Held: Differential treatment would be permissible betweentwo similarly situated persons/groups - But such treatmentshould be founded on an intelligible differentia and thatdifferentia must have rational relation to the object sought toC be achieved by the statute. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 405 |
Petitioner | State Of Uttar Pradesh |
Respondent | Dayanand Chakrawarty & Ors. |
SCR | [2013] 10 S.C.R. 1023 |
Judgement Date | 2013-07-02 |
Case Number | 5527 |
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