Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Allahabad Bank Officers Service Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Allahabad Bank Officers Service Regulations (0 of 1979) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Allahabad Bank Officers Service Regulations, 1979:Object of the Act - Discussed. Regulation 46 - Pension under Old Pension Scheme Appellant working as clerk as on 1. 7. 1979 and promoted as an officer in 1983 - Claim for pension under the Old Pension Scheme - Held: By virtue of Regulation 46 (1), pension in lieu of gratuity was available only to the officers appointed prior to or on 01.07.1979 and not to officers appointed; recruited or promoted thereafter - Therefore, appellant was not eligible to claim any benefit under the Old Pension Scheme - Service law - Pension.Constitution of India, 1950:Article 14 - Fixing of cut-off date for granting retirement benefits such as gratuity or pension - By virtue of Regulation 46(1) of Allahabad Bank Officers Service Regulations, 1979, benefit of pension in lieu of gratuity available only to the officers appointed prior to or on 01.07.1979 and not to officers appointed, recruited or promoted thereafter- Reasonableness of such differentiation - Held: Fixing of cut-off date, thereby, creating two distinct and separate classes of employees is reasonable and not offend Article 14 - Allahabad Bank Officers Service Regulations, 1979 - Regulation 46(1).Subordinate legislation - Legality of - Held: Can be challenged on the ground that it is arbitrary, unreasonable and offends Article 14 of the Constitution - Constitution of India, 1950 - Article 14. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 144 |
Petitioner | Sudhir Kumar Consul |
Respondent | Allahabad Bank |
SCR | [2011] 2 S.C.R. 1119 |
Judgement Date | 2011-02-21 |
Case Number | 1982-83 |
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