THE SECRETARY (ESTT.) RAILWAY BOARD AND ANR. ETC. versus SH. D. FRANCIS PAUL ETC.

THE SECRETARY (ESTT.) RAILWAY BOARD AND ANR. ETC. versus SH. D. FRANCIS PAUL ETC.

The amendment to Rule 2423-A dated 15.11.1976 is prospective and applies only to candidates appointed after the amendment; those appointed earlier are not governed by amended proviso.

Parties
Petitioner: The Secretary (Estt.) Railway Board and Anr.; Respondent: Sh. D. Francis Paul; Etc.
Jurisdiction
India
Judgment Date
15 July 1996
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
Petitions dismissed
Legal Topics
Railways, Pension Computation, Rule 2423 a Applicability, Retrospectivity of Rule Amendments
Service Law Pension Law Railways Pension Computation Rule 2423 a Applicability Retrospectivity of Rule Amendments

Case Brief

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Parties

The Secretary (Estt.) Railway Board and Anr.

Petitioner

Sh. D. Francis Paul

Respondent

Etc.

Procedural Posture

Special Leave Petition (civil) / Final Order

Legal Issues

  1. 1 Whether amendment of Rule 2423-A dated 15.11.1976 has retrospective effect for persons appointed prior to the amendment
  2. 2 Whether respondents are entitled to benefit of addition of five years in qualifying service for pension in absence of specific provision in recruitment rules

Ratio Decidendi

The amendment to Rule 2423-A dated 15.11.1976 is prospective and applies only to candidates appointed after the amendment; those appointed earlier are not governed by amended proviso.

Court Disposition

Petitions dismissed

Orders

  • Special leave petitions dismissed