Supreme Court of India · 2007-02-01
P.K.KAPUR vs UNION OF INDIA .
- Citation / case number
- SC 2005/1010
- Court
- Supreme Court of India
- Petitioner
- P.K.KAPUR
- Respondent
- UNION OF INDIA .
- Author
- KAPADIA
- Bench
- S. H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the Delhi High Court regarding the pension refixation of a retired Lieutenant Colonel, affirming that the appellant was entitled to 5 years of weightage under the Fourth Pay Commission but not the additional 3 years after the Fifth Pay Commission's revision. The Court ruled that the withdrawal of the additional weightage was justified as the revised pay structure made the pension of a Lieutenant Colonel higher than that of a Major. Furthermore, the claim for enhancement of disability percentage from 30% to 50% was rejected, as the appellant retired before the relevant circular came into effect, thus not constituting discrimination under Article 14 of the Constitution.