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.