NDLI: Union of India & Ors. Vs. Dr. O. P. Nijhawan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Computation of Service Law Pension
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 Dismissed
Headnote	Service Law – Pension – Computation of – Special pay of Rs. 2,000/- and Rs. 4000/- given to scientists working in the Department of Defence Research and Development Organisation (DRDO), Department of Atomic Energy (DAE) and Department of Space (DOS) under Ministry of Defence – Inclusion of the special pay for computation of pension – Permissibility of – Held: Special pay of Rs.2,000/- or Rs.4,000/- sanctioned to the Scientists in Departments of DRDO, DAE and DOS w.e.f. 01.01.1996/01.01.2006 respectively has to be included in the definition of pay as contained in r. 9(21)(a)(i) for the purposes of computation of pensionary benefit under 1972 Rules – Grant of special pay of Rs.2,000/- was in lieu of a separate higher pay scale, which does not fit in the nature of special pay as contemplated by r. 9(25) – Addition of benefit of Rs.2,000/- w.e.f. 01.01.1996 styled as special pay has to be included in the definition of pay given u/r. 9(21)(a)(i) looking to the true nature and character of the benefit, which was extended to Scientists on the basis of peer review – Tribunals or High Courts rightly held that the amount of special pay of Rs.2,000/- w.e.f. 01.01.1996 and Rs.4,000/- w.e.f. 01.01.2006 to be treated as part of pay for the basis of computation of pension – SLPs on the same issue having been dismissed in limine, the appellants are not precluded from raising the issues on question of law, which was earlier left open by this Court – Furthermore, the appellant has implemented the earlier orders passed by the Tribunals and the High Courts and issued order for including special pay in the pay for the purpose of computation of pension, the appellant is not precluded to raise the issues again, the principle of res judicata/estoppel not attracted – Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil Services Pension Rules, 1972 – r. 33.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 4
Petitioner	Union Of India & Ors.
Respondent	Dr. O. P. Nijhawan & Ors.
SCR	[2019] 1 S.C.R. 281
Judgement Date	2019-01-03
Case Number	12040

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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