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january 1976

Supreme Court of India · 1976-01-23

I N SAKSENA vs THE STATE OF MADHYA PRADESH

Citation / case number
SC 1971/60373
Court
Supreme Court of India
Petitioner
I N SAKSENA
Respondent
THE STATE OF MADHYA PRADESH
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that the impugned Act, which allows the retirement of government servants at the age of 55, does not violate Article 19(1)(f) or Article 31(2) of the Constitution. The Court clarified that the decree from a previous case was not a money decree but a declaratory decree, and thus the legislature has the power to enact laws that may have retrospective effects on service conditions. The Court dismissed the appeal, affirming the validity of the Act and the legislative competence under Article 309 and Entry 41 of List II of the Seventh Schedule.

I N SAKSENA vs THE STATE OF MADHYA PRADESH · Niyam