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Supreme Court of India 2020-03-19 allowed

STATE OF UTTAR PRADESH & ORS vs VIJAY SHANKAR DUBEY

Bench: 2 — Ashok Bhushan, Mohan M. Shantanagoudar

In Brief

The respondent, a retired Joint Director of Prosecution in Uttar Pradesh, sought a higher pay scale and revised pension after the State amended pay scales of similar posts in 2007, retroactively from 01.04.2001. He contended he should receive the benefit from 01.01.1996 (the Fifth Pay Commission date). The Supreme Court held that when a new benefit is extended to a category of employees for the first time, the State may rationally fix a cut-off date. Since the respondent had already retired on 31.01.1997, before the 01.04.2001 cut-off, he was not entitled to claim the benefit. The Court set aside the High Court's decision and allowed the appeal.

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Administrative Law Public Service Service Benefits Pension Pay Scales Government Orders Constitutional Rights

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