Prem Singh Gill v. Union of India

Supreme Court of India · 31 Mar 2017
Kurian Joseph; R. Banumathi
CIVIL APPEAL NO.8835 of 2015
civil appeal_allowed Significant

AI Summary

The Supreme Court invoked Article 142 to fix the appellant's disability at 75% from retirement, directing payment of consequential pension benefits and arrears.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8835 of 2015
PREM SINGH GILL APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. RESPONDENT(S)
JUDGMENT
KURIAN, J.
Heard the appellant, who is present in the Court and Mr. Maninder Singh, learned Additional Solicitor
General of India, appearing for the respondents, who is ably assisted by Mr. R. Balasubramanian, learned counsel.

2. Having extensively heard the appellant-in-person and the learned counsel for the respondents, we do not think it necessary to refer to the factual matrix involved in this case.

3. Having regard to the background of the disability of the appellant, we are of the view that this is a fit case for invocation of Article 142 of the Constitution of India and fix disability at 75% from the date of retirement. Ordered accordingly.

4. Needless to say that the consequential benefits will be computed accordingly and the arrears due to the appellant will be paid, within two weeks from today, which will carry interest at the rate fixed by the Tribunal.

5. The appeal is, accordingly, disposed of. Page 2

6. Pending applications, if any, shall stand disposed of.

7. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [R. BANUMATHI] NEW DELHI; MARCH 31, 2017.