Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Pension – Railways |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Pension – Railways – Post of Train Examiner –On 30.9.1997, policy resolution was notified by the Government ofIndia relating to the scope and extent of the application of the FifthCentral Pay Commission – On 17.12.1998, an Office Memorandumwas issued that with effect from 1.1.1996, pension of all pensionersirrespective of their date of retirement shall not be less than 50% ofthe minimum pay in the revised scale of pay introduced w.e.f.1.1.1996 of the post last held by the pensioner – On 11.5.2001,another Office Memorandum was issued clarifying the OfficeMemorandum dated 17.12.1998 – The dispute arose whether theOffice Memorandum dated 11.5.2001 overrides Office Memorandum17.12.1998 – Held: The tribunal was right in relying on *K.S.Krishnaswamy case wherein it was held that the recommendationsof the Fifth Pay Commission were accepted by a policy resolutiondated 30.9.1997 that the ceiling on the amount of pension will be50% of the highest pay in the government – The pension of all pre1.1.1996 retirees including pre 1986 retirees shall be consolidatedas on 1.1.1996 but the consolidated pension shall not be broughton to the level of 50% of the minimum of the revised pay of the postheld by the pensioner at the time of retirement – Office Memorandumdated 17.12.1998 and 11.5.2001 are both complementary to eachother – Both clarify the government policy resolution – Thereforethe contention that Office Memorandum dated 11.5.2001 overridesthe original OM dated 17.12.1998 thereby creating two classes ofpensioners is ill founded – High Court erred in not referring to thisjudgment and in holding in favour of the respondent. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 255 |
Petitioner | Union Of India |
Respondent | R. Sethumadhavan & Anr. |
SCR | [2018] 3 S.C.R. 675 |
Judgement Date | 2018-03-22 |
Case Number | 3173 |
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