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april 2006

Supreme Court of India · 2006-04-27

STATE OF BIHAR vs BIHAR PENSIONERS SAMAJ

Citation / case number
SC 2003/5078
Court
Supreme Court of India
Petitioner
STATE OF BIHAR
Respondent
BIHAR PENSIONERS SAMAJ
Author
SRIKRISHNA
Bench
B. N. SRIKRISHNA & LOKESHWAR SINGH PANTA

Judgment text excerpt

The Supreme Court upheld the High Court's decision to strike down 'The Bihar State Government Employees Revision of Pension, Family Pension and Death-cum-Retirement Gratuity (Validation and Enforcement) Act, 2001', finding it unconstitutional as it aimed to circumvent a prior ruling. The Court emphasized that the Act was enacted to frustrate the rights of pensioners established by earlier notifications and thus violated principles of fairness and justice. The Court affirmed the High Court's judgment, reinforcing the legal principle that legislative actions cannot undermine judicial decisions.

STATE OF BIHAR vs BIHAR PENSIONERS SAMAJ · Niyam