THE ACCOUNTANT GENERAL, M.P. versus S.K. DUBEY & ANR.

THE ACCOUNTANT GENERAL, M.P. versus S.K. DUBEY & ANR.

If statutory rules are framed and do not provide for pension as a service condition for President and Members of State Consumer Dispute Redressal Commission, a State Government cannot grant pension by executive order; benefits must be prescribed by rule. Clubbing of judicial service and commission service for...

Source-derived case information.

Parties
Appellant: THE ACCOUNTANT GENERAL, M.P.; Respondent: S.K. DUBEY; Respondent: ANR.
Jurisdiction
India
Judgment Date
29 February 2012
Procedural Posture
Civil Appeal / Reference to Larger Bench
Outcome
Matter referred to Larger Bench due to divergence of opinion; High Court order stayed pending further orders.
Legal Topics
Pension Entitlement, Service Conditions, Executive Orders Versus Statutory Rules, Judicial Office Benefits
Consumer Protection Constitutional Law Administrative Law Pension Entitlement Service Conditions Executive Orders Versus Statutory Rules Judicial Office Benefits

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Parties

THE ACCOUNTANT GENERAL, M.P.

Appellant

S.K. DUBEY

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Reference to Larger Bench

Legal Issues

  1. 1 Whether a retired High Court Judge appointed as President, State Consumer Dispute Redressal Commission is entitled to pension for such service in absence of express rules.
  2. 2 Whether the State Government may grant pension by executive order when the rules are silent on pensionability.

Ratio Decidendi

If statutory rules are framed and do not provide for pension as a service condition for President and Members of State Consumer Dispute Redressal Commission, a State Government cannot grant pension by executive order; benefits must be prescribed by rule. Clubbing of judicial service and commission service for pension computation is impermissible unless expressly provided. Exceptions made by executive order violate Article 14.

Court Disposition

Matter referred to Larger Bench due to divergence of opinion; High Court order stayed pending further orders.

Orders

  • Appeal allowed by one judge, impugned High Court judgment set aside; writ petition dismissed without costs.
  • Additional pension paid to respondent up to February 2012 not to be recovered; from March 2012 onwards, respondent to receive pension only as former High Court Judge.