In Brief
A law professor appointed to Cochin University in 1984 sought pension benefits that would include his pre-appointment practice as an advocate. Rule 25(a) of the Kerala Service Rules permitted this, but a 1985 amendment added a proviso limiting such benefits to posts requiring Bar experience. The university denied his claim relying on the amended rule, though another similarly situated professor had received the benefit. The Supreme Court held that while pension rules applicable at retirement govern benefits, an employer cannot selectively apply rules to similarly situated employees. This discriminatory denial violated constitutional equality. The appellant was entitled to pension calculated including his Bar practice period.
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