None
Skip to mainAccording to the Supreme Court, the pension payable to a retiree is decided by the rules in effect at the time of retirement. The court went on to say that the law didn't enable the employer to apply the regulations differently to others in similar situations.
A civil appeal against a judgement dated August 29, 2019, issued by the Division Bench of the Kerala High Court dismissing an appeal was being heard by a bench of Justice MR Shah and Justice BV Nagarathna.
With effect from September 1984, Dr G Sadasivan Nair, the appellant, was employed as a lecturer in the School of Legal Studies of Cochin University Of Science And Technology ("University"). Prior to this assignment, the appellant worked as a lawyer in Kerala's District and Subordinate Courts from March 11, 1972, to February 2, 1980. He received a University Grants Commission Fellowship to continue his PhD programme between March 1980 and February 1984, and after completing his PhD, he resumed practice as an attorney in the Kerala High Court and Subordinate Courts until his employment as a lecturer at the University.
On November 10, 2004, Dr. G Sadasivan Nair filed a petition with the Registrar of the University, requesting that his eight years of practice at the Bar be considered in determining the pensionary benefits due to him upon his retirement.
In January 2006, the University's Registrar denied his request. The appellant subsequently went to the University's Chancellor, claiming that the Registrar had denied his request without following the relevant rules in their entirety. He received no answer from the Chancellor, though.
After then, the appellant filed a writ petition in the High Court. On January 25, 2012, a Single Judge of the High Court dismissed the petition, holding that the government has the power to unilaterally change the service conditions of employees throughout their employment.
The bench had stated at the time that the rule in effect on the date of retirement applied, not the rule in effect on the date of entry into service. The applicant then went to the Supreme Court.
🕑 24 Apr, 2024 09:17 AM
DoPT forwards 8th Pay Commission demand by IRTSA forwarded to Fin Min
🕑 23 Apr, 2024 10:01 AM
CGDA: Revision of rates of Allowances with DA rates increased to 50%
🕑 22 Apr, 2024 12:59 PM
CBDT: on DoPT order on regularization of Casual Workers
🕑 21 Apr, 2024 09:54 PM
DoPT Consolidated Instructions on SC, ST, OBC, PwD & EWS reservation
🕑 18 Apr, 2024 11:51 AM
Timeline extended for CGHS Beneficiary ID - ABHA ID linking
🕑 18 Apr, 2024 10:22 AM
APAR timelines for Central Civil Services extended to 30th April
🕑 10 Apr, 2024 08:25 AM
DoPT Guidelines on Departmental Promotion Committees
🕑 10 Apr, 2024 08:35 AM
Kendriya Vidyalaya Sangathan Admission Guidelines 2024-2025
🕑 05 Apr, 2024 01:23 PM
Kendriya Vidyalaya Balvatika Admission Schedule - 2024-25
🕑 02 Apr, 2024 09:25 AM
Kendriya Vidyalaya Admissions Open for 2024-25: Key Dates & Appln Process
🕑 01 Apr, 2024 09:23 AM
Kendriya Vidyalaya (KV) schools where Balvatika is functioning
🕑 14 Mar, 2024 02:07 PM
Govt bans 18 vulgar 18 OTT. See the list here
🕑 08 Mar, 2024 01:49 PM
Pension Scheme Gains Traction Across States, Despite Central Hurdles
🕑 20 Feb, 2024 11:17 PM
CGHS rate for general surgery applicable from February 1, 2024
🕑 08 Feb, 2024 10:19 AM
No loan interst change as RBI maintains repo rate at 6.50% for the 6th time