<?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>1988 (5) TMI 370 - ALLAHABAD HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=282421</link>
    <description>Beneficial pension and retirement-benefit rules were applied to High Court Judges because Rule 2 imported the service regime for an Indian Administrative Service officer holding Secretary rank, and the absence of an express gratuity clause in the parent enactment did not exclude retirement gratuity; the accrued entitlement of judges who had already retired was therefore upheld. Retrospective withdrawal of ad hoc relief was impermissible where the benefit had been continued for some retirees but withheld from others without justification, so the discontinuance was set aside and consequential protection against recovery or adjustment followed. The minimum pension threshold was also read down to avoid arbitrariness, preserving validity of the scheme and supporting enhanced pension difference.</description>
    <language>en-us</language>
    <pubDate>Fri, 13 May 1988 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 07 Aug 2019 15:56:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=582797" rel="self" type="application/rss+xml"/>
    <item>
      <title>1988 (5) TMI 370 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=282421</link>
      <description>Beneficial pension and retirement-benefit rules were applied to High Court Judges because Rule 2 imported the service regime for an Indian Administrative Service officer holding Secretary rank, and the absence of an express gratuity clause in the parent enactment did not exclude retirement gratuity; the accrued entitlement of judges who had already retired was therefore upheld. Retrospective withdrawal of ad hoc relief was impermissible where the benefit had been continued for some retirees but withheld from others without justification, so the discontinuance was set aside and consequential protection against recovery or adjustment followed. The minimum pension threshold was also read down to avoid arbitrariness, preserving validity of the scheme and supporting enhanced pension difference.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 13 May 1988 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=282421</guid>
    </item>
  </channel>
</rss>