R.L. MARWAHA versus UNION OF INDIA & ORS.

R.L. MARWAHA versus UNION OF INDIA & ORS.

Paragraph 7 of the Government order dated 29th August, 1984, is unconstitutional insofar as it excludes persons who retired prior to the date of the order from the benefit of counting prior service in Government or autonomous bodies for pension towards qualifying service; the benefit should be extended to all eligible pensioners with effect from the date of the Government order.

Parties
Petitioner: R.L. Marwaha; Respondent: Union of India
Jurisdiction
India
Judgment Date
12 August 1987
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition allowed
Legal Topics
Pension, Mobility of Personnel, Equality Before Law, Retrospective/prospective Application, Classification Under Article 14
Constitutional Law Administrative Law Service Law Pension Mobility of Personnel Equality Before Law Retrospective/prospective Application Classification Under Article 14

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Parties

R.L. Marwaha

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether para 7 of the Central Government order dated 29th August, 1984, restricting counting of prior service for pensionary benefits only to employees retiring after that date, is constitutional.
  2. 2 Whether service rendered under the Central Government prior to absorption in a Central autonomous body should be counted for pension, regardless of retirement date.

Ratio Decidendi

Paragraph 7 of the Government order dated 29th August, 1984, is unconstitutional insofar as it excludes persons who retired prior to the date of the order from the benefit of counting prior service in Government or autonomous bodies for pension towards qualifying service; the benefit should be extended to all eligible pensioners with effect from the date of the Government order.

Court Disposition

Petition allowed

Orders

  • Direct respondents to revise petitioner's pension by giving him the benefit of prior service under Central Government while computing qualifying service for pension.
  • Petitioner entitled to recover the difference in pension with effect from 29.8.1984, i.e., the date of the Government order, but not for period prior to 29th August, 1984.