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september 1991

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.

UNION OF INDIA AND ANR. vs DEOKI NANDAN AGGARWAL · Niyam