WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES Vs. UNION OF INDIA
LAWS(SC)-1990-4-18
SUPREME COURT OF INDIA
Decided on April 12,1990

WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

COMMON CAUSE" A REGISTERED SOCIETY VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

K P AGGARWAL VS. UNION OF INDIA [LAWS(DLH)-2001-9-198] [REFERRED 4.]
K P AGGARWAL VS. UNION OF INDIA [LAWS(DLH)-2001-9-152] [REFERRED 5.]
K GANESAN VS. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2007-8-318] [REFERRED TO]
KANTILAL UTTAMRAM UPADHYAY VS. STATE OF GUJARAT THROUGH SECRETARY [LAWS(GJH)-2013-7-388] [REFERRED TO]
STATE OF M.P. AND OTHERS VS. DR. M. CHOUBEY AND OTHERS [LAWS(MPH)-2002-2-121] [REFERRED TO]
M.R. TUNDWAL VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-5-511] [REFERRED TO]
DES RAJ BHATNAGAR S K NANDA VS. UNION OF INDIA [LAWS(SC)-1991-2-24] [REFERRED TO]
WELFARE ASSOCIATION OF ABSORBED CENTRAL GOVERNMENT EMPLOYEES IN PUBLIC ENTERPRISES P V SUNDARARAJAN VS. UNION OF INDIA [LAWS(SC)-1995-12-11] [DISTINGUISHED]
P V SUNDARA RAJAN VS. UNION OF INDIA [LAWS(SC)-2000-4-34] [REFERRED]
GOURANGA DHAR VS. STATE OF TRIPURA [LAWS(TRIP)-2021-6-13] [REFERRED TO]


JUDGEMENT

- (1.)This application under Article 32 of the Constitution is a class action on behalf of the Welfare Association of Absorbed central government employees in Public Enterprises asking for the benefit of the judgment of this court in "common Cause" a Registered Society v. Union of India. The writ petition "common Cause" was on behalf of the government servants who had commuted their pension partially and this court for the reasons indicated in the judgment came to hold that on the expiry of 15years from the date of commutation the entire pension revived. The petitioners are persons who have, at the time of retirement from government service and entering into the public sector, taken the advantage of commuting the entire pension. They certainly belong to a class different from those whose case was before this court at the instance of the Common Cause in Writ Petitions Nos. 3958-61 of 1983. Commutation does bring certain advantages to the commutee and the class of government officers whom the petitioner seeks to represent have derived such benefits. We do not think there is any basis in the allegation that by not extending the benefit of the decision of this court referred to above, to the category represented by the petitioner there is any infringement of article 14 of the Constitution. We accordingly dismiss the petition. No costs.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.