Supreme Court · 2005 INSC 564 · Decided 11 November 2005
State of Andhra Pradesh and ANR. v. A.P. Pensioners Association and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 564 · [2005] SUPP. 5 S.C.R. 223
- Case number
- CIVIL APPEAL No. 6704/2005
- Decided
- 11 November 2005
- Bench
- B.P. SINGH, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 309
Headnote
B Constitution of India, 195~Article 309 provis~A.P. Revised Scales of Pay Rules, 1999-Rules 3, 4, 5 and 9-A.P. Civil Pension Commutation Rules, 1944-Rule 3(d) and (e)-Revision in pay scale-Notionally from 1. 7.1998 with financial benefits from 1. 4.1999-Government Order for payment C of pension pensiona1y benefits including commutation of pension, gratuity and leave encashment-Held: Legal fiction is to be construed in such a manner so as to enable a person for whose benefit such legal fiction has been created, to obtain all consequences flowing therefrom-Employees D became entitled to
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