Supreme Court of India · 1991-09-04
UNION OF INDIA AND ANR. vs DEOKI NANDAN AGGARWAL
- Citation / case number
- SC 1988/70836
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA AND ANR.
- Respondent
- DEOKI NANDAN AGGARWAL
- Author
- V. II RAMASWAMI
- Bench
- V. II RAMASWAMI
Judgment text excerpt
The Supreme Court held that the High Court's decision to refix the pension of a retired High Court Judge based on an extension of service by 1 month and 13 days was unconstitutional, as it effectively rewrote the provisions of the High Court Judges (Conditions of Service) Act, 1954. The Court emphasized that the minimum service period for pension eligibility is a well-established practice and that the requirement of seven completed years of service is not arbitrary. The appeal by the Union of India was allowed, affirming the original pension determination.