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N.L. Abhyankar and ors. Vs. Union of India - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petitions (Civil) Nos. 3551 to 3534, 4831 to 4833 and 13243 of 1983
Judge
Reported inAIR1984SC1247; 1984(32)BLJR390; [1984(49)FLR354]; 1984LabIC955; 1984(1)SCALE649; (1984)3SCC125; [1984]3SCR552; 1984(2)SLJ66(SC); 1984(16)LC817(SC)
AppellantN.L. Abhyankar and ors.
RespondentUnion of India
Appellant Advocate V.A. Bobde,; A.K. Sanghi,; Amaljit Chauhan and;
Respondent Advocate K. Prasaran, ; Attorney General, ; R.D. Agarwala and ;
Cases ReferredBidhubhushan Malik and Ors. v. Union of India
Excerpt:
.....was trading after applying and obtaining its renewal from time to time. the appellant filed a writ petition, contending, that the order was mala fide in the sense that though the reason given for refusal was that the number of non-tribal traders had reached the maximum, the committee had in fact granted licences to new traders, and that the said order and s. 3 of the lushai hills district (trading by non-tribals) regulation, 1953 was invalid being violative of art. 19(1) (g) of the constitution. the high court maintained the order. in appeal to this court.held : (per subba rao, c. j. and shelat, j.) : section 3 of the regulation is violative of art. 19(1)(g) of the constitution. even if the sixth schedule can be said to contain a policy and the regulation may be said to have been..........as correct in special leave petition no. 9616 of 1983 just now dismissed by us we allow the writ petitions. the judges of the high court and of the supreme court will be entitled to the pensionary benefits under the amended act of 1976 irrespective of the dates of their retirement. they will be so entitled with effect from 1.10.1974. arrears of pension calculated under the provisions of the new act will be paid to those to whom it is due within four months from today. in the case of judges who have died after 1.10.1974 the amounts due will be paid to the legal heirs of the judges within four months from today. the family pension due to the widows will be calculated under the provisions of the 1976 amending act and paid to them. ad-hoc payments made, if any, will be adjusted while.....
Judgment:
ORDER

O. Chinnappa Reddy, J.

1. In view of our decision in D.S. Nakara v. Union of India : [1984]3SCR550 and for the reasons mentioned by the Allahabad High Court in Writ Petition No. 3281 of 1979 dated 2.3.1983 in the case of Bidhubhushan Malik and Ors. v. Union of India, which we have accepted as correct in Special Leave Petition No. 9616 of 1983 just now dismissed by us we allow the writ petitions. The Judges of the High Court and of the Supreme Court will be entitled to the pensionary benefits under the amended Act of 1976 irrespective of the dates of their retirement. They will be so entitled with effect from 1.10.1974. Arrears of pension calculated under the provisions of the new Act will be paid to those to whom it is due within four months from today. In the case of Judges who have died after 1.10.1974 the amounts due will be paid to the legal heirs of the Judges within four months from today. The family pension due to the widows will be calculated under the provisions of the 1976 Amending Act and paid to them. Ad-hoc payments made, if any, will be adjusted while making such payments. The writ petitions are disposed of accordingly. What we have said about pensionary benefits does not apply to payment of gratuity.


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