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1972 Supreme(SC) 460

D.G.PALEKAR, J.M.SHELAT, K.K.MATHEW, S.N.DWIVEDI, Y.V.CHANDRACHUD
State Of Punjab – Appellant
Versus
K. R. Erry And Sobhag Rai Mehta: Khaushal Singh, P. A. S – Respondent


Judgment

PALEKAR, J. :- These appeals raise a common question of law as to whether the State Government is entitled to reduce the amount of pension and gratuity legally payable to its officers on their superannuation without giving a reasonable opportunity to the officers to show cause against the proposed reduction.

2. In the first case the officer concerned is Shri K. R. Erry. He joined the Punjab P. W. D. Irrigation Branch as an Assistant Engineer in 1926. In due course he was posted as a Central Designs Officer and remained attached to the Central Designs Office first in the capacity of Deputy Director from 6-11-1951 to 30-4-1952 and then as an Executive Engineer (Designs) from 1-5-1952 to 1-11-1955. He was promoted from P. S. E. Class II to P.S.E. Class I with effect from 22-9-1954 and was confirmed as an Executive Engineer with effect from 12-8-1956. Early in 1958, he was promoted to the rank of an officiating Superintending Engineer and was posted as Director of Central Designs. In November, 1958 he retired from service on reaching the age of superannuation. Shortly, thereafter he was re-appointed by the Government as a Professor and Head of the Department of Civil Engineering
































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