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Supreme Court of India 2016-09-28 allowed

State of H.P. & Ors vs Rajesh Chander Sood etc. etc

Bench: 2 — Jagdish Singh Khehar

In Brief

The Supreme Court upheld the repeal of the 1999 Himachal Pradesh pension scheme for corporate sector employees. The State notified repeal on 2.12.2004 after determining the scheme was financially unsustainable. While acknowledging that a contingent pension right vested in enrolled employees, the Court held that welfare schemes can be withdrawn by the State on valid grounds. Those already retired retained their pension rights. The Court rejected claims based on Articles 14, 16, 21, and 300A, finding no breach of fundamental rights or constitutional guarantees. The State's administrative decision, based on documented financial unviability, was valid and not arbitrary.

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Pension and Gratuity Constitutional Law - Articles 14, 16, 21, 300A Administrative Law - Policy Review Public Sector Undertakings Employment Law Welfare Schemes Estoppel

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