M. NARASIMHACHAR versus THE STATE OF MYSORE

M. NARASIMHACHAR versus THE STATE OF MYSORE

Retirement at age 55, reduction of pension, and recovery of losses were valid under Mysore Services Regulations; reduction of pension does not constitute reduction in rank under Art. 311(2), and no notice was required under Revised Pension Rules at normal retirement age.

Parties
Appellant: M. Narasimhachar; Respondent: The State of Mysore
Jurisdiction
India
Judgment Date
12 October 1959
Procedural Posture
Civil Appeal by Special Leave / Supreme Court Appeal From March 31, 1956 Mysore High Court Judgment in Writ Petition No. 140 of 1955
Outcome
Appeal dismissed
Legal Topics
Retirement, Pension Reduction, Recovery From Pension, Departmental Proceedings, Notice Requirement
Service Law Administrative Law Constitutional Law Retirement Pension Reduction Recovery From Pension Departmental Proceedings Notice Requirement

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Parties

M. Narasimhachar

Appellant

The State of Mysore

Respondent

Procedural Posture

Civil Appeal by Special Leave / Supreme Court Appeal From March 31, 1956 Mysore High Court Judgment in Writ Petition No. 140 of 1955

Legal Issues

  1. 1 Whether compulsory retirement, reduction of pension, and recovery of losses from retired government servant complied with Mysore Service Regulations and Constitution of India, Art. 311(2)
  2. 2 Requirement of notice prior to retirement or pension reduction under applicable rules

Ratio Decidendi

Retirement at age 55, reduction of pension, and recovery of losses were valid under Mysore Services Regulations; reduction of pension does not constitute reduction in rank under Art. 311(2), and no notice was required under Revised Pension Rules at normal retirement age.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs and Court fee