1991 Supreme(SC) 803

SUPREME COURT OF INDIA
K. Jagannatha Shetty, V. Ramaswami And Yogeshwar Dayal, JJ.
Chief Engineers Roads And Buildings, Hyderabad And Others - Appellants
Versus
A.V. Arunachalam - Respondent
Civil Appeal No. 3026 of 1991
Decided On : 30-5-1991

The legal principle established is that the order of the Tribunal awarding pension must be based on the actual position held by the employee at the time of retirement, and not on subsequent reversion.

Headnote:

Pension - Reversion - The court found that the order of the Tribunal awarding pension to the respondent as an Attender instead of a Maistry cannot be sustained, as the respondent was reverted as Maistry and retired as Maistry. The reversion order was not the subject-matter for consideration before the Tribunal.

Fact of the Case:

The respondent was reverted as Maistry and retired as Maistry, but the Tribunal awarded pension to the respondent as an Attender.

Finding of the Court:

The court found that the order of the Tribunal awarding pension to the respondent cannot be sustained and set aside the Tribunal's order.

Issues: The issue was whether the respondent was entitled to pension as an Attender despite being reverted and retiring as a Maistry.

Ratio Decidendi: The court considered the fact that the respondent was reverted as Maistry and retired as Maistry, and concluded that the reversion order was not the subject-matter for consideration before the Tribunal.

Final Decision: The appeal was allowed, and the order of the Tribunal awarding pension to the respondent was set aside. No order was made as to costs.