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2008 Supreme(SC) 542

H.K.SEMA, MARKANDEY KATJU
GOVERNMENT OF ANDHRA PRADESH – Appellant
Versus
N. SUBBARAYUDU – Respondent


JUDGMENT

1. These appeals have been preferred by the State against the judgment and order of the Division Bench of the High Court. By the impugned order, the High Court directed that the respondents be paid the pensionary benefits from the respective date of their retirement under the provisions of Pension Rules 1980.

2. We have heard the parties at length.

3. Briefly stated the facts are as follows.

4. The respondents were Lecturers in private aided college. The age of superannuation of the respondents was 60 years. By an amendment of the Education Code in 1993, the age of superannuation of the respondents has been brought down to 58 years. In the said amendment it was also provided that the respondents shall be entitled to pension with effect from 1st November 1992.

5. Aggrieved thereby, the respondents preferred writ petition before the High Court. The Division Bench of the High Court, after hearing the parties, was of the view that the cut off date 1/11/1992 fixed by the Government was arbitrary and discriminatory.

6. In a catena of decisions of this Court it has been held that the cut off date is fixed by the executive authority keeping in view the economic conditions, fina





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