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Prem Singh Gill v. Union of India and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8835 of 2015)Decided 31 Mar 2017
Civil Appeal No. 8835 of 2015
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant, appearing in person, had a dispute with the Union of India regarding disability-related benefits following his retirement, which had earlier been before a Tribunal. The Supreme Court heard the appellant directly along with the Additional Solicitor General for the Union of India.

Decision Breakdown

The Court did not find it necessary to go into the detailed facts of the case. Considering the appellant's disability and the background of the matter, the Court invoked its special constitutional power under Article 142 of the Constitution to do complete justice, and fixed the appellant's disability at 75% from the date of his retirement. It directed that consequential benefits and arrears be computed and paid within two weeks, with interest at the rate fixed by the Tribunal, and disposed of the appeal accordingly.

Lesson Learnt

The Supreme Court can use its special Article 142 power to directly fix an outcome (such as a disability percentage) and ensure complete justice for an individual, rather than sending the matter back through further rounds of litigation, especially in service/pension disputes involving disabled individuals.

Official source (sci.gov.in)View Judgment (PDF)

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