Back
SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, CJI., D.P. MADON AND RANGANATH MISRA, JJ.
C.K. Murthy, Appellant v. Government of A.P., Respondent.
Civil Appeal No. 2630 of 1977
Decided on 28-9-1984.
Hyderabad Civil Services Rules - Rule 299 (1) - Government service – Retired - Pension payable - In view of judgment in two appeals, court allow this appeal also and reverse judgment of Division Bench of Andhra Pradesh High Court and set aside order appealed against – Court direct State of Andhra Pradesh to fix within one month from today pension payable to appellant from date on which he became eligible for payment of pension - Held, he retired from Government service on basis that maximum pension admissible under Clause (b) of sub-rule (1) of Rule 299 of Hyderabad Civil Services Rules per month in Government of India currency – Court further direct State of Andhra Pradesh to pay to appellant balance of amount of pension payable to him for past period according to such refixation within one month from date of refixation of his pension - Respondent will pay to appellant costs of appeal in this Court and of writ petition And writ appeal in Andhra Pradesh High Court - Appeal allowed.
JUDGMENT
The points which arise in this appeal are the same as those which have been decided today by this Court in Civil Appeal No. 2627 of 1977, Ahmed Hussain Khan v. State of Andhra Pradesh heard along with Civil Appeal No. 2628 of 1977, S. Gopalan v. State, of Andhra Pradesh (reported in AIR 1984 SC 1985). In view of our judgment in two appeals, we allow this appeal also and reverse the judgment of the Division Bench of the Andhra Pradesh High Court and set aside the order appealed against. We direct the State of Andhra Pradesh to fix within one month from today the pension payable to the appellant from the date on which he became eligible for payment of pension, that is, from the date on which he retired from Government service on the basis that the maximum pension admissible under Clause (b) of sub-rule (1) of Rule 299 of the Hyderabad Civil Services Rules is Rs. 1,000 per month in the Government of India currency. We further direct the State of Andhra Pradesh to pay to the appellant the balance of the amount of pension payable to him for the past period according to such refixation within one month from the date of refixation of his pension.
2. The respondent will pay to the appellant the costs of the appeal in this Court and of the writ petition And the writ appeal in the Andhra Pradesh High Court.
Appeal allowed.
For Citation: AIR 1984 SC 1910(1)
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
