<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1985 (8) TMI 372 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=168592</link>
    <description>A date-based exclusion that denied the restored higher age of superannuation to employees who had retired during the interregnum was held arbitrary and unconstitutional. The Court applied the settled test of intelligible differentia and rational nexus, and found no justification for excluding the very class affected by the remedial legislation. It further held that concerns about administrative chaos did not validate the discrimination, since relief could be moulded through reinstatement, compensation, or supernumerary posts. The offending exclusionary word in the Ordinance and Amending Act was severed, and the retired employees were entitled to the benefit of the restored age of superannuation, subject to the directions issued.</description>
    <language>en-us</language>
    <pubDate>Mon, 19 Aug 1985 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 16 Mar 2015 10:16:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=378740" rel="self" type="application/rss+xml"/>
    <item>
      <title>1985 (8) TMI 372 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168592</link>
      <description>A date-based exclusion that denied the restored higher age of superannuation to employees who had retired during the interregnum was held arbitrary and unconstitutional. The Court applied the settled test of intelligible differentia and rational nexus, and found no justification for excluding the very class affected by the remedial legislation. It further held that concerns about administrative chaos did not validate the discrimination, since relief could be moulded through reinstatement, compensation, or supernumerary posts. The offending exclusionary word in the Ordinance and Amending Act was severed, and the retired employees were entitled to the benefit of the restored age of superannuation, subject to the directions issued.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 19 Aug 1985 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=168592</guid>
    </item>
  </channel>
</rss>