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Supreme Court of India 2022-02-01 dismissed

STATE OF KERALA & ANOTHER vs ANIE LUKOSE

Bench: 2 — Indira Banerjee, J.K. Maheshwari

In Brief

A retired Kerala government employee contested the fixation of his pension at Rs. 19,334 in the revised scale. He had taken nearly two years of leave without allowances before retirement and contended that this should affect the computation of his average emoluments. The Supreme Court upheld the High Court's dismissal of his challenge, holding that the Accountant General correctly calculated his pension based on the last pay drawn, in compliance with applicable circulars on pension fixation. The Court clarified that during periods of leave without allowances, emoluments are calculated as they would have been if the employee had not been absent."

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Service Law Pension Voluntary Retirement Administrative Law

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