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ART. 16 THE CONSTITUTION OF INDIA 55
Right to retire is not right to life. Voluntary retirement can be refused when services of the employee are retired in public interest. (State of Uttar Pradesh v Achal Singh, AIR 2018 SC 3940).
Pay scales - Court lacks expertise, job of expert bodies like Pay Commission. (Hukum Chand Gupta v Director General, ICAR, AIR 2013 SC 547 : (2012)12 SCC 666 : 2012(10) Scale 479).
The institution of a writ proceeding need not await actual prejudice and adverse effect and consequence. An apprehension of such harm, if the same is well-founded, can furnish a cause of action for moving the Court. (Adi Saiva Sivachariyargal Nala Sangam v State of Tamil Nadu, AIR 2016 SC 209 : (2016)2 SCC 725).
The State cannot arbitrarily pick and choose from amongst similarly situated persons, a cut off date for extension of benefits especially pensionary benefits, there has to be a classification founded on some rational principle when similarly situated class is differentiated for grant of any benefit. (Suchet Singh Yadav and Others v Union of India and Others, AIR 2018 SC 1319).
Government’s Order 31 dated 21-11-1997 was issued in reference to pay and allowances of Armed Forces Officers, which pre-supposes that these officers were in the establishment on 1.1.1996. Applicants who had retired earlier were clearly not entitled for grant of benefit of higher pay scale under the order dated 21.11.1997. Held, there was no discrimination. (Suchet Singh Yadav and Others v Union of India, AIR 2018 SC 1319).
Special duty allowance is a compensatory allowance. (Union of India v Sarvendra Singh Chauhan, AIR 2017 SC 3998 : (2017)15 SCC 329).
Employees of aided hotels are not employees of Government cannot claim pay parity with Government servants, nor regularisation of services. (State of Rajasthan v Daya Lal, AIR 2011 SC 1193 : (2011)2 SCC 429).
Pension - Normally, pension is given to the legally wedded wife of a deceased employee. (Raj Kumari v Krishna, AIR 2015 SC 2697 : (2015)14 SCC 511 : 2015 AIR SCW 4130).
Earlier service rendered can be counted towards qualifying service. (Madhukar v State of Maharashtra, AIR 2014 SC 2206 : (2014)15 SCC 565 : 2014 AIR SCW 2332).
Period of leave without pay can be counted for the purpose of qualifying service for pension in the absence of notice to the employee. (D.T.C. v Balwan Singh, AIR 2017 SC 396 : (2017)11 SCC 405).
Suspension period of delinquent employee should be counted in determining the qualifying service for pension of the employer. (Prem Nath Bali v Registrar, High Court of Delhi, AIR 2016 SC 101).
Ad hoc employees are not Government servants, their dependents are not entitled to family pension. (State of Haryana v Shakuntala Devi, AIR 2009 SC 869 : (2008)15 SCC 380 : 2009 AIR SCW 8180).
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