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    <title>2007 (3) TMI 828 - Supreme Court</title>
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    <description>Rule 62 of Part III of the Kerala Service Rules was construed as giving an exhaustive definition of &quot;emolument&quot; for ordinary pension, so dearness allowance and special allowance were excluded because the rule expressly referred only to pay and dearness pay. On that basis, ordinary pension was correctly computed on basic pay alone. The ceiling on special additional pension under paragraph 2(b) of Part III of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954 was treated as unconstitutional in light of binding Article 14 precedent, so the special additional pension had to be recalculated without applying the cap. The pension fixation was therefore upheld in part and revised in part.</description>
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    <pubDate>Thu, 08 Mar 2007 00:00:00 +0530</pubDate>
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      <title>2007 (3) TMI 828 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=307782</link>
      <description>Rule 62 of Part III of the Kerala Service Rules was construed as giving an exhaustive definition of &quot;emolument&quot; for ordinary pension, so dearness allowance and special allowance were excluded because the rule expressly referred only to pay and dearness pay. On that basis, ordinary pension was correctly computed on basic pay alone. The ceiling on special additional pension under paragraph 2(b) of Part III of the First Schedule to the High Court Judges (Conditions of Service) Act, 1954 was treated as unconstitutional in light of binding Article 14 precedent, so the special additional pension had to be recalculated without applying the cap. The pension fixation was therefore upheld in part and revised in part.</description>
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      <pubDate>Thu, 08 Mar 2007 00:00:00 +0530</pubDate>
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