"COMMON CAUSE" A REGISTERED SOCIETY AND OTHERS versus UNION OF INDIA
It is just and equitable that restoration of the commuted portion of pension after 15 years from retirement should apply to both civilian and armed forces personnel, effective from April 1, 1985. Distinction based on early retirement and higher pension in Defence personnel is not tenable.
- Parties
- Petitioner: Common Cause, a registered Society; Respondent: Union of India
- Jurisdiction
- India
- Judgment Date
- 09 December 1986
- Procedural Posture
- Writ Petition / Final Judgment
- Outcome
- Petitions allowed
- Legal Topics
- Commutation of Pension, Restoration of Commuted Pension, Equality in Pension Benefits
Case Brief
Summary, issues, holding and outcome
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Parties
Common Cause, a registered Society
Petitioner
Union of India
Respondent
Procedural Posture
Writ Petition / Final Judgment
Legal Issues
- 1 Whether the provisions permitting recovery of more than the commuted portion of pension are constitutional
- 2 Whether restoration of commuted pension after 15 years should apply equally to civilian and defence personnel
Ratio Decidendi
It is just and equitable that restoration of the commuted portion of pension after 15 years from retirement should apply to both civilian and armed forces personnel, effective from April 1, 1985. Distinction based on early retirement and higher pension in Defence personnel is not tenable.
Court Disposition
Petitions allowed
Orders
- Restoration of commuted portion of pension after 15 years from retirement shall apply equally to civilian employees and armed forces personnel.
- Effective date for the restoration is April 1, 1985.
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