AI Overview...
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Judgments on Service Benefits and Arrears - Courts have consistently held that, in final judgments, no restrictions have been placed on granting full arrears and future pro-rata pension to petitioners, emphasizing that such orders are of general application and in rem, applicable to all servicemen, even if initially passed in specific cases. This is supported by references to multiple judgments and orders, including those citing Srivastava supra and orders passed till 2021. Brijlal Kumar vs Union of India - Delhi, Brijlal Kumar VS Union of India - Delhi, BRIJLAL KUMAR & ORS vs UNION OF INDIA & ORS - Delhi, BRIJLAL KUMAR & ORS vs UNION OF INDIA & ORS - Delhi, Kumar S Krishnamurthy vs M/o Finance - Central Administrative Tribunal
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Legal Principles on Retrospective and Prospective Laws - The courts have reiterated that laws or rules generally operate prospectively; retrospective operation is an exception and must be explicitly stated. This principle was referenced in context of appointments and legal provisions, citing SCC judgments (e.g., 2021 10 SCC 210) and distinguishing between current law and past orders. Sapna Jhunjhunwala VS State of Madhya Pradesh - Madhya Pradesh
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Impact of Final Orders and Specific Judgments - Finality of judgments is emphasized, with courts dismissing petitions that challenge orders aligned with earlier rulings. For instance, petitions by respondents were dismissed, affirming benefits granted under previous orders, and confirming the applicability of orders of general application. Kumar S Krishnamurthy vs M/o Finance - Central Administrative Tribunal
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Case-specific and Interim Orders - Certain judgments, such as those involving PET/PST conducted by Delhi Police or specific high court orders (e.g., Punjab and Haryana High Court in LPA No. 930/2018), are distinguished from broader rulings. The courts clarified that such judgments do not impact the general legal position of petitioners in similar cases. Interim orders passed in other OA cases are also referenced as relevant to ongoing proceedings. Sudhir Kumar vs Commissioner Of Police - Central Administrative Tribunal, Dinesh Kumar Mahala vs Commissioner Of Police - Central Administrative Tribunal, Jitender vs Delhi Police - Central Administrative Tribunal
Analysis and Conclusion:
The overall legal stance as of March 2021 indicates that courts favor granting full arrears and future pension benefits to servicemen, treating such orders as of general application and in rem. The principle of law suggests that unless explicitly stated, laws and orders operate prospectively, but courts have shown willingness to apply benefits retroactively where final judgments have been passed. Previous judgments, including those of the Supreme Court and high courts, reinforce this approach, and petitions challenging such benefits are typically dismissed when aligned with established legal principles and final orders.
Search Results for "Judgements Passed by the Cat P H 0n 9th March 2021 in Dr Praaveen Kumar"
• India - Delhi High Court
RAJIV SAHAI ENDLAW, ASHA MENON
However in the judgments passed till now and which have attained finality, no such restriction has been placed. We are hesitant to treat these petitioners differently and thus opt to grant the same relief i.e. of full arrears, as has been granted till now. ... , 2021 commence payment of future pro rata pension to each of the petitioners. ... Srivastava supra holding that such orders are of general application and in rem and though may have been passed in the case of some of the servicemen, are to be applied to all, are i....
2020 0 Supreme(Del) 1476 • India - Delhi
RAJIV SAHAI ENDLAW, ASHA MENON
However in the judgments passed till now and which have attained finality, no such restriction has been placed. We are hesitant to treat these petitioners differently and thus opt to grant the same relief i.e. of full arrears, as has been granted till now. ... , 2021 commence payment of future pro rata pension to each of the petitioners. ... Srivastava supra holding that such orders are of general application and in rem and though may have been passed in the case of some of the servicemen, are to be applied to all, are i....
2025 0 Supreme(MP) 114 • India - Madhya Pradesh
SURESH KUMAR KAIT, VIVEK JAIN
passed by apex Court -- proviso quashed -- appointments made in pursuance thereof quashed -- vacant seats falling under quota meant ... retrospective effect, every law or rule is prospective in operation -- rule is that current law should govern current activities -- law passed ... (2021) 10 SCC 210 followed. (2004) 8 SCC 1 distinguished. ... To sum up her arguments, she contended drawing the attention of this Court to the order dated 12.7.2021 of the Supreme Court passed in the case of Rejanish K.V. v.....
2025 Supreme(Online)(CAT) 10216 • India - Central Administrative Tribunal
Praveen Kumar s/o Late A. ... On the basis of the orders passed by this Tribunal, the respondents granted the benefit of Rs.5400 in PB-2 as Non-Functional Upgradation by passing order dated 14th March, 2019 and speaking order dated 12th July, 2019. 7. ... Sharma and Others, (2021) 5 SCC 579, K. Sudheesh Kumar and others (supra) and Union of India and Others v. ... We have dismissed the writ petition filed by the respondents herein and confirmed the order passed by th....
• India - Delhi High Court
However in the judgments passed till now and which have attained finality, no such restriction has been W.P. ... Praveen Kumar Jain, Senior Panel Counsel, Mr. Abhishek Khanna and W.P. ... Srivastava supraholding that such orders are of general application and in rem and though may have been passed in the case of some of the servicemen, ... , 2021 commence payment of future pro rata pension to each of the petitioners. ... was not considered by the Division Benches of....
• India - Delhi High Court
However in the judgments passed till now and which have attained finality, no such restriction has been 2020:DHC:3331-DB W.P. ... Praveen Kumar Jain, Senior Panel Counsel, Mr. Abhishek Khanna and 2020:DHC:3331-DB W.P. ... Srivastava supraholding that such orders are of general application and in rem and though may have been passed in the case of some of the servicemen, ... , 2021 commence payment of future pro rata pension to each of the petitioners. .......
• India - Delhi High Court
However in the judgments passed till now and which have attained finality, no such restriction has been 2020:DHC:3331-DB W.P. ... Praveen Kumar Jain, Senior Panel Counsel, Mr. Abhishek Khanna and 2020:DHC:3331-DB W.P. ... Srivastava supraholding that such orders are of general application and in rem and though may have been passed in the case of some of the servicemen, ... , 2021 commence payment of future pro rata pension to each of the petitioners. .......
2023 Supreme(Online)(CAT) 1899 • India - Central Administrative Tribunal
March 2021. This will be followed by the PET/PST to be conducted by the Delhi Police. 4. ... Counsel, CAT, Delhi. ... The judgment passed by the Hon'ble Punjab and Haryana High Court in LPA No. 930/2018 - Bishan Lal & Ors. ... Vs FCI are quite different, therefore, the said judgments do not apply in the case of the applicants. ... It is, therefore, requested that in view of interim orders passed in similar OAs i.e. 544/2022, 1515/2022, 1574/2022 and 1624/2022 and in instant OA....
2023 Supreme(Online)(CAT) 1900 • India - Central Administrative Tribunal
March 2021. This will be followed by the PET/PST to be conducted by the Delhi Police. 4. ... Counsel, CAT, Delhi. ... The judgment passed by the Hon'ble Punjab and Haryana High Court in LPA No. 930/2018 - Bishan Lal & Ors. ... Vs FCI are quite different, therefore, the said judgments do not apply in the case of the applicants. ... It is, therefore, requested that in view of interim orders passed in similar OAs i.e. 544/2022, 1515/2022, 1574/2022 and 1624/2022 and in instant OA....
2023 Supreme(Online)(CAT) 1896 • India - Central Administrative Tribunal
The judgment passed by the Hon’ble Punjab and Haryana High Court in LPA No. 930/2018 - Bishan Lal & Ors. Vs FCI are quite different, therefore, the said judgments do not apply in the case of the applicants. ... March 2021. This will be followed by the PET/PST to be conducted by the Delhi Police. 4. ... It was contended on behalf of the Delhi Administration that the order of relaxation which had been passed on 03.10.1981 was not a valid one because (i) it had been passed on the assumpt....
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