Supreme Court · 1999 INSC 313 · Decided 9 August 1999
R.P. Kapur v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 313 · [1999] SUPP. 1 S.C.R. 121
- Case number
- CIVIL APPEAL No. 4323/1999
- Decided
- 9 August 1999
- Bench
- A.S. ANAND, M. JAGANNADHA RAO, N. SANTOSH HEGDE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Service Law : A B Railway Services (Pension) Rules, 1993: Rules 37, 49 and 50. C Pension-Fixation of-Criteria-Average emoluments-During last JO months of service-Employee compulsorily retired while under suspension­ Subsistence allowance paid during suspension period-Suspension period also basic pay was enhanced-But pension was fixed on the basis of D average emoluments drawn by employee for JO months prior _Jo his suspension-Correctness of -Held: Jn the circumstances of the case, subsistence allowance drawn during the JO months preceding retirement is to be taken as "average
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