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december 1998

Supreme Court of India · 1998-12-18

G.M., WESTER RLY. vs Y.P. SHARMA

Citation / case number
SC 1994/15395
Court
Supreme Court of India
Petitioner
G.M., WESTER RLY.
Respondent
Y.P. SHARMA
Author
G.B.PATTANAIK SUJATA V.MANOHAR
Bench
G.B.PATTANAIK SUJATA V.MANOHAR

Judgment text excerpt

The Supreme Court held that the allowances for re-employed pensioners must be calculated based on the pay fixed on re-employment, as per Clause II of the Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986, which supersedes Rule 1712(i) of the Indian Railway Establishment Code. The Court clarified that pension cannot be added to the pay for the purpose of calculating allowances. The Tribunal's decision to grant allowances based on pay plus pension was overturned, affirming that the allowances should only consider the re-employment pay.

G.M., WESTER RLY. vs Y.P. SHARMA · Niyam