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Union of India & Ors. v. P. Nageswara Rao

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2666 of 2009)Decided 15 Oct 2015
Civil Appeal No. 2666 of 2009
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

The respondent, a Water Carrier, passed an examination for promotion to Assistant Sub-Inspector (Ministerial), although the rules then in force did not make him eligible. He worked in that post for only 23 days before being reverted. After the rules were later amended, he did not take the qualifying examination again, and the High Court ordered that he be reinstated as ASI(M) from the date of reversion.

Decision Breakdown

The Supreme Court noted that the respondent had already retired and had worked as ASI(M) for only 23 days, so reinstatement was not contested and the only question left was his pension. Looking at these peculiar facts, the Court modified the High Court's order so that he receives pension as if he had retired as ASI(M). He is not entitled to increased pension for the period before 1 November 2015, and for fixing the pension he is to be treated as having been on the minimum of the ASI(M) pay scale from that date. The appeal was partly allowed, with no order as to costs.

Lesson Learnt

A promotion obtained under a rule that did not apply to the employee may bring only limited benefits, even if a court later orders reinstatement. Pension for a short or disputed promotion is usually calculated on a limited basis rather than at the higher rank.

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

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