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2008 (3) TMI 738 - SC - Indian Laws

Issues Involved: Determination of pensionary benefits under Pension Rules 1980 based on a cut-off date fixed by the executive authority.

Summary:
The Supreme Court heard appeals by the State challenging a High Court decision directing payment of pensionary benefits to respondents based on a cut-off date set by the executive authority. The respondents, Lecturers in a private aided college, saw their superannuation age reduced from 60 to 58 years by a 1993 amendment to the Education Code, with entitlement to pension from 1st November 1992. The High Court found the cut-off date arbitrary and discriminatory, but the Supreme Court emphasized that executive authorities fix cut-off dates considering various factors like economic conditions. While acknowledging past decisions striking down cut-off dates, the Court noted a shift towards judicial restraint in interfering with such decisions unless blatantly discriminatory. The Court highlighted that the choice of a cut-off date, even without explicit reasons, should not be deemed arbitrary unless leading to capricious outcomes. Citing precedents, the Court stressed the need for judicial restraint in matters within the legislative or executive domain. Consequently, the Supreme Court set aside the High Court's order and allowed the appeals.

 

 

 

 

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