M.C. DHINGRA versus UNION OF INDIA AND ORS.

M.C. DHINGRA versus UNION OF INDIA AND ORS.

Clause 4 of the Circular fixing a cut-off date for pension benefit is arbitrary and violative of Article 14 of the Constitution. The restriction is unconstitutional, and the appellant is entitled to pro-rata pension from March 1982.

Parties
Appellant: M.C. Dhingra; Respondent: Union of India; Respondent: Ms. Rachna Gupta; Respondent: M.K. Roy; Respondent: Sudhanshu; Respondent: R.B. Misra; Respondent: K. Mishra
Jurisdiction
India
Judgment Date
05 February 1996
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Pension, Temporary Government Service, Proportionate Pensionary Liability, Constitutional Challenge to Cut Off Date
Service Law Pension Temporary Government Service Proportionate Pensionary Liability Constitutional Challenge to Cut Off Date

Case Brief

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Parties

M.C. Dhingra

Appellant

Union of India

Respondent

Ms. Rachna Gupta

Respondent

M.K. Roy

Respondent

Sudhanshu

Respondent

R.B. Misra

Respondent

K. Mishra

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether clause 4 of Government of India Circular dated 31.03.1982 prescribing cut-off date for pension benefit violates Article 14 of the Constitution.

Ratio Decidendi

Clause 4 of the Circular fixing a cut-off date for pension benefit is arbitrary and violative of Article 14 of the Constitution. The restriction is unconstitutional, and the appellant is entitled to pro-rata pension from March 1982.

Court Disposition

Appeal allowed

Orders

  • Respondents directed to compute and release pension to appellant within six months from date of receipt of order.
  • No costs.