VidhiSangh

Supreme Court of India · 01/02/2022

STATE OF KERALA & ANOTHER versus ANIE LUKOSE

[2022] 2 S.C.R. 729 · 2022 INSC 132

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Kerala challenged revised pension fixation for a lecturer who retired shortly after returning from leave without allowances. The Court upheld the High Court’s acceptance of the Accountant General’s calculation. The applicable revision permitted notional enhancement of pre-revised pay, and the pension rule accounted for qualifying leave by reference to pay that would have been drawn. The earlier correction of the pension base was final. The State’s appeal was dismissed without costs.

Issues

  1. Whether the lecturer’s absence on leave defeated the revised average-emoluments calculation accepted by the High Court.

Provisions considered

Held

Result

State’s appeal dismissed without costs; High Court’s acceptance of revised pension fixation upheld.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 729.