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1998 Supreme(SC) 676

G.B.PATTANAIK, SUJATA V.MANOHAR
Hari Ram Gupta – Appellant
Versus
State Of U. P. – Respondent


Judgment

Pattanaik, J.-Leave granted.

2. This appeal by grant of special leave is directed against the judgment dated 13th of November, 1995 of the Allahabad High Court in Civil Miscellaneous Petition No. 557 of 1987. Hari Ram Gupta, husband of the present appellant, had filed the writ petition seeking a manda­mus from the court to the appropriate authorities to give him the benefits of the Uttar Pradesh Palika (Centralised) Service Retirement Benefit Rules, 1981 (hereinafter referred to as ‘the Rules’). But said Hari Ram Gupta had retired from ser­vice on superannuation in the year 1980. He, however, claimed that he would be entitled to pension under the Rules as the Rules are intended to apply retrospectively and at any rate following the principle of the Judgment of this Court in D.S. Nakara & Ors. v. Union of India1, the court should grant him the relief. The High Court by the impugned judgment came to hold that the Rules have no retrospective operation, and therefore, the applicant was not entitled to claim pension under the Rules. Soon after the judgment of the Allahabad High Court, the husband of the appellant having died, the widow filed the special leave application out of w















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