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february 2007

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.

P.K.KAPUR vs UNION OF INDIA . · Niyam