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State of U.P. & Ors. v. Virendra Kumar & Ors.

Special Leave Petition (Civil) · 2020 INSC 158Decided 10 Feb 2020
Special Leave Petition (Civil) Nos. 4802-4803 of 2019
Justice Ashok Bhushan · Justice M.R. Shah

Background

This is a referral order, not a final judgment. Retired employees of the U.P. Avas Evam Vikas Parishad claimed pension, gratuity and revised pay. The Allahabad High Court ruled for them, relying on the Supreme Court's 2014 decision in State of U.P. v. Preetam Singh.

Decision Breakdown

This is a referral order, not a final judgment. The Court doubted the reasoning in Preetam Singh, which may have overlooked provisions of the Parishad's governing Act. It framed three questions of law and asked the Chief Justice to set up a larger bench urgently. The employees' claims were not decided.

Lesson Learnt

There is no final ruling yet. The pension entitlement of these employees depends on a larger bench's answer.

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

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