GOVERNMENT OF ANDHRA PRADESH & ORS. -~ v. N. SUBBARAYUDU & ORS.
Tools
- Court
- Supreme Court of India
- Decided
- (year only)
- Bench
- H.K. SEMA and MARKANDEY KAT JU
- Citation
- [2008] 5 S.C.R. 522
Source PDF (original scan)
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Headnote — Supreme Court Reports (editorial summary, not part of the judgment)
Catchwords
Article· 14 - Grant of pensionary benefits to lecturers in c private aided College - Fixing of cut off date as 1.11.1992 - High Court holding cut off date fixed, as arbitrary and discriminatory-
Held
Fixing cut off dates is within the domain of executive authority and Court should not normally interfere with such order unless it appears to be blatantly discriminatory and arbitrary - Cut off date is fixed by executive authority keeping in view economic conditions, financial constraints and many other administrative and attendant circumstances - ·J Even if no reason has been given as to why a particular cut off date has been chosen, Court must still not declare that date to be arbitrary and violative of Article 14 unless the said cut off date leads to some blatantly capricious or outrageous result - Service Law - Grant of pensionary benefits - Cut off date - Educational Institution - Pension to Lecturers - Cut off date. State of Punjab & Ors. Vs. Amar Nath Goyal & Ors. (2005) F 6 sec 754- relied on. D.S. Nakara & Ors. vs. Union of India 1983(1) SCC 305 J._
Pl to Lecturers -
Held
Court must exercise judicial restraint and must ordinarily leave it to executive authorities to fix cut off date - Government must be left with some leeway and free ' 522 ,
Reporter's headnote (continued) and case details
p. 522
A (Civil Appeal No. 3939-3941 of 2002)
MARCH 26, 2008 B - ~ Constitution of India, 1950:
- referred to. Judicial Restraint: G Cut off date - Fixed by Government for grant of pension
Footnotes
CIVIL APPELLATE JURISDICTION : CIVIL APPEAL No. 3939-3941 of 2002.
From the final Judgment and Order dated 2316/2000 of D l the High of Judicature, Andhra Pradesh at Hyderabad in W.P. Nos. 2089, 2461 and 2480/1990. WITH Civil Appeal No. 3983 of 2004. E D. Bharathi Reddy. for the Appellants.
P.S. Narasimha, M. Srinivas R. Rao, Abid Ali Beeran P. and Neeru Vaid for the Respondents.
Judgment
The following Order of the Court was delivered F ... 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 G date of their retirement under the provisions of Pension Rules 1980. t We have heard the parties at length. Briefly stated the facts are as follows. H
524 . SUPREME COURT REPORTS [2008] 5 S.C.R.
. .,.. A 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 B respondents shall be entitled to pension with effect from 1st November 1992. .' 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 1I c 11/1992 fixed by the Government was arbitrary and discriminatory. 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, financial constraints and many other administrative and other attending circumstances. This Court is also of the view that fixing cut off dates is within the J domain of the executive authority and the Court should not normally interfere with the fixation of cut off date by the executive authority unless such order appears to be on the face of it blatantly discriminatory and arbitrary. (See State of Punjab & Ors. Vs. Amar Nath Goyal & Ors., (2005) 6 SCC 754).
No doubt in D.S. Nakara & Ors. vs. Union of India 1983( 1) SCC 305 this Court had struck down the cut off date in connection with the demand of pension. However, in subsequent decisions this Court has considerably watered down th_!=l rigid view taken in Nakara's Case (supra), as observed in para 29 of the decision of this Court in State of Punjab & Ors. vs. Amar Nath Goyal & Ors. (supra). G There may be various considerations in the mind of the executive authorities due to which a particular cut off date has been fixed. These considerations can be financial, administrative or other considerations. The Court must exercise judicial restraint and must ordinarily leave it to the executive H authorities to fix the cut off date. The Government must be left '
GOVERNMENT OF ANDHRA PRADESH & ORS. v. 525 N. SUBBARAYUDU & ORS.
Footnotes
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Contains information from the Indian High Court / Supreme Court Judgments dataset, licensed under CC-BY-4.0