COMMANDER HEAD QUARTER CALCUTTA AND ORS. versus CAPT. BIPLA BENDRA CHANDA

COMMANDER HEAD QUARTER CALCUTTA AND ORS. versus CAPT. BIPLA BENDRA CHANDA

A person who was not eligible for pension as per the rules in force at the time of retirement cannot claim benefit of subsequent rule changes, unless such rules are given retrospective effect. The revised rules counting full pre-commissioned service from 1.1.1986 are not retrospective; no discrimination arises when new eligibility is granted only from the new cut-off date and not prior.

Parties
Appellant: Commander Head Quarter Calcutta and Ors.; Respondent: Capt. Bipla Bendra Chanda
Jurisdiction
India
Judgment Date
05 November 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Calcutta High Court Division Bench Decision in F.m.a.t. No. 2419 of 1992
Outcome
Appeal allowed. Judgment of High Court set aside. Respondent's writ petition dismissed.
Legal Topics
Pension, Retrospective Effect of Rules, Qualifying Service, Discrimination Among Pensioners
Service Law Pension Retrospective Effect of Rules Qualifying Service Discrimination Among Pensioners

Case Brief

Summary, issues, holding and outcome

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Parties

Commander Head Quarter Calcutta and Ors.

Appellant

Capt. Bipla Bendra Chanda

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Calcutta High Court Division Bench Decision in F.m.a.t. No. 2419 of 1992

Legal Issues

  1. 1 Whether a defence officer who retired prior to 1.1.1986 can claim pension by counting full pre-commissioned service as per the revised rules effective from 1.1.1986
  2. 2 Whether denial of pension under earlier rules and its grant under revised rules gives rise to discrimination among pensioners

Ratio Decidendi

A person who was not eligible for pension as per the rules in force at the time of retirement cannot claim benefit of subsequent rule changes, unless such rules are given retrospective effect. The revised rules counting full pre-commissioned service from 1.1.1986 are not retrospective; no discrimination arises when new eligibility is granted only from the new cut-off date and not prior.

Court Disposition

Appeal allowed. Judgment of High Court set aside. Respondent's writ petition dismissed.

Orders

  • The judgment of the Division Bench of the High Court is set aside.
  • The writ petition filed by the respondent is dismissed.