K.L. RATHEE versus UNION OF INDIA AND ORS.
The method for calculating pension must be uniform for all government servants, using average emoluments of the last ten months as per rules in force at the time of retirement; however, this does not entitle all pensioners of the same rank to identical pension amounts regardless of date of retirement.
- Parties
- Petitioner: K.L. Rathee; Respondents: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 07 July 1997
- Procedural Posture
- Civil Writ Petition / Final Judgment
- Outcome
- Petition dismissed
- Legal Topics
- Pension Calculation, Applicability of Liberalised Pension Formula, Discrimination on Basis of Date of Retirement
Case Brief
Summary, issues, holding and outcome
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Parties
K.L. Rathee
Petitioner
Union of India and Ors.
Respondents
Procedural Posture
Civil Writ Petition / Final Judgment
Legal Issues
- 1 Whether pensioners who retired before 31.3.1979 are entitled to the same pension amount as those who retired after the notified date under the Liberalised Pension Formula, 1979
- 2 Whether pension calculation should be based on emoluments as in force at the time of retirement or whether all pensioners of the same rank must be given equal pension irrespective of date of retirement
Ratio Decidendi
The method for calculating pension must be uniform for all government servants, using average emoluments of the last ten months as per rules in force at the time of retirement; however, this does not entitle all pensioners of the same rank to identical pension amounts regardless of date of retirement.
Court Disposition
Petition dismissed
Orders
- Petition dismissed with no order as to costs
Full Case Text
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