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may 1997

Supreme Court of India · 1997-05-02

STATE OF U.P. vs C.L. AGRAWAL

Citation / case number
SC 1995/16535
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
C.L. AGRAWAL
Author
S.P. BHARUCHA
Bench
VERMA, JAGDISH SARAN (CJI),PUNCHHI, M.M.,AGRAWAL, S.C. ,ANAND, A.S. ,BHARUCHA S.P.

Judgment text excerpt

The Supreme Court upheld the Full Bench decision of the Allahabad High Court, which ruled that the premature increments granted to the first respondent, a Lower Division Assistant, should be considered for calculating his pensionary benefits. The Court clarified that the provisions of Article 229 of the Constitution allow the Chief Justice to make appointments and determine conditions of service, including increments, without requiring prior approval from the Governor. The Court held that the letter dated 27th June 1992, which sought to negate these increments, was invalid and quashed it, thereby ensuring the respondent's pension was calculated correctly.

STATE OF U.P. vs C.L. AGRAWAL · Niyam