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Supreme Court of India 2018-03-22 allowed

Union of India vs R. Sethumadhavan & Anr

Bench: 2 — Madan B. Lokur

In Brief

A retired Indian Railways Train Examiner sought to have his pension recalculated at a higher scale after claiming his post had been re-designated as Junior Engineer Grade-II. The Central Administrative Tribunal rejected his claim, holding his pension should reflect the replacement scale for the Train Examiner post he actually held. The High Court overturned this, assuming a re-designation occurred. The Supreme Court reversed the High Court, holding that no evidence of re-designation existed on record, and that clarificatory office memoranda regarding the 5th Central Pay Commission implementation were complementary, not contradictory. The appeal was allowed and the Tribunal's decision was upheld.

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