UNION OF INDIA vs MOOL CHAND DASUMAL PARDASANI

The Supreme Court upheld the High Court's decision that the respondent, a government servant, would be deemed to be in service until the age of 60 years, as per the memorandum effective for ministerial servants. The Court noted that the respondent was on preparatory leave for 28 months post his retirement age of 55, during which he received his salary, thus entitling him to the benefits of the increased retirement age of 58 years. The Court did not determine whether the memorandum was merely administrative or had statutory force, but emphasized that denying the respondent the benefits would violate Article 14 of the Constitution.