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december 2014

Supreme Court of India · 2014-12-16

S.SESHACHALAM & ORS.ETC. vs S.SESHACHALAM .ETC.

Citation / case number
SC 2009/34527
Court
Supreme Court of India
Petitioner
S.SESHACHALAM & ORS.ETC.
Respondent
S.SESHACHALAM .ETC.
Author
R. BANUMATHI M.Y. EQBAL
Bench
R. BANUMATHI M.Y. EQBAL

Judgment text excerpt

The Supreme Court examined the validity of the proviso to Section 16 Explanation II (5) of the Tamil Nadu Advocates’ Welfare Fund Act, 1987, which denies benefits to advocates receiving pension or gratuity, ruling it violates Article 14 of the Constitution. The Court held that the classification between advocates who practiced law from the beginning and those who enrolled post-retirement lacks a rational basis and is arbitrary. Consequently, the Court upheld the decision of the Madras High Court that struck down the impugned provision.

S.SESHACHALAM & ORS.ETC. vs S.SESHACHALAM .ETC. · Niyam