Hi Guest , Click Here to Read the rest of this document
1985 JTR(SC) 48
1986 Supp SCC 671
SUPREME COURT OF INDIA
E.S.Venkataramiah : O.Chinnappa Reddy : Sabyasachi Mukharjee
Union Of India
Versus
V.P.Gautama
Case No. : 2738,2739 of 1984
Date of Decision : 2/12/85
The court held that the effective date for enhanced pension under a liberalised pension scheme is governed by established precedent and declined to review the High Court's jurisdiction regarding the award of interest.
(A) Pension Law - Liberalised Pension Scheme - Effective date of enhanced pension - Whether enhanced pension under the liberalised pension scheme was payable with effect from 1/10/1974 - Issue is fully covered by existing judicial precedent. (Para 1)
(B) Interest - Jurisdiction of High Court - Whether the High Court had jurisdiction to award interest at 12 percent per annum - Court not inclined to examine the issue. (Para 1)
Facts of the case:
Appeals were filed challenging the effective date of enhanced pension under a liberalised pension scheme and the jurisdiction of the High Court in awarding interest at a rate of 12 percent per annum.
Findings of Court:
The court found that the first question regarding the effective date of the enhanced pension was already settled by prior precedent. The court declined to address the second question regarding the award of interest.
Issues: The main issues were whether the enhanced pension under the liberalised pension scheme was payable with effect from 1/10/1974 and whether the High Court had jurisdiction to award interest at 12 percent per annum.
Ratio Decidendi: When a legal question is fully covered by a binding precedent of the court, the decision in that precedent applies to the current case.
Result: Appeals dismissed. No costs.
(B) Interest - Jurisdiction of High Court - Whether the High Court had jurisdiction to award interest at 12 percent per annum - Court not inclined to examine the issue. (Para 1)
Facts of the case:
Appeals were filed challenging the effective date of enhanced pension under a liberalised pension scheme and the jurisdiction of the High Court in awarding interest at a rate of 12 percent per annum.
Findings of Court:
The court found that the first question regarding the effective date of the enhanced pension was already settled by prior precedent. The court declined to address the second question regarding the award of interest.
Issues: The main issues were whether the enhanced pension under the liberalised pension scheme was payable with effect from 1/10/1974 and whether the High Court had jurisdiction to award interest at 12 percent per annum.
Ratio Decidendi: When a legal question is fully covered by a binding precedent of the court, the decision in that precedent applies to the current case.
Result: Appeals dismissed. No costs.
Cases Referred:
D.S. Nakara v. Union of India - relied upon
Pension - The court held that the question regarding the payment of enhanced pension under the liberalised pension scheme from 1/10/1974 was fully covered by this case.
Pension - The court held that the question regarding the payment of enhanced pension under the liberalised pension scheme from 1/10/1974 was fully covered by this case.
(1) SPECIAL leave to appeal was confined only to two questions ( I ) whether the enhanced pension under the liberalised pension scheme was payable with effect from 1/10/1974 and (2) whether the High court had any jurisdiction to award interest at 12 percent per annum. So far as the first question is concerned, it is fully covered by D.S. Nakara v. Union of India. We are not inclined to go into the second question in the present appeals. The appeals are therefore, dismissed. No costs.