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january 2003

Supreme Court of India · 2003-01-23

H.C.OF JUD.AT BOMBAY THRO REGISTRAR &ANR vs BRIJ MOHAN GUPTA(DEAD)THR. LRS.

Citation / case number
SC 1998/7918
Court
Supreme Court of India
Petitioner
H.C.OF JUD.AT BOMBAY THRO REGISTRAR &ANR
Respondent
BRIJ MOHAN GUPTA(DEAD)THR. LRS.
Bench
V.N. KHARE CJI. & S.B. SINHA & AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court held that under Rule 10(3)(c) of the Maharashtra Civil Services (Pension) Rules, 1982, a judicial officer is entitled to continue in service until completing 10 years of qualifying service. The Court found merit in the appellants' contention that the High Court's decision to allow the respondent to continue until 4th November 1998 was justified, as the respondent was to retire upon reaching 58 years of age, in accordance with the precedents set in Judges Case-I and Judges Case-II. Consequently, the appeal was allowed, and the High Court's order was set aside.

H.C.OF JUD.AT BOMBAY THRO REGISTRAR &ANR vs BRIJ MOHAN GUPTA(DEAD)THR. LRS. · Niyam