VidhiSangh

Supreme Court of India · 22/03/2018

UNION OF INDIA versus R. SETHUMADHAVAN & ANR.

[2018] 3 S.C.R. 675 · 2018 INSC 255

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Summary

The Supreme Court allowed the Union’s appeal against a higher pension granted to a retired Train Examiner. The applicable Fifth Pay Commission memoranda, as interpreted in K.S. Krishnaswamy, tied pension to the corresponding replacement scale of the scale held at retirement. No evidence supported the High Court’s assumption that the post had been redesignated Junior Engineer Grade-II. The High Court judgment was set aside, but any amounts already paid were protected from recovery.

Issues

  1. Whether the pensioner was entitled to the higher Junior Engineer Grade-II scale rather than the Train Examiner replacement scale.
  2. Whether the later clarificatory memorandum impermissibly overrode the earlier pension memorandum.

Held

Result

Union appeal allowed and High Court judgment set aside. Any amounts already paid to the pensioner protected from recovery; copy of order to be sent to the Secretary, Department of Personnel and Training.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 675.