Supreme Court of India

R.P. Kapur v. Union of India and Ors.

Neutral citation
Reported as [1999] SUPP. 1 S.C.R. 121
Bench Dr. A.S. Anand, M. Jagannadha Rao and N. Santosh Hegde JJ.
Decided 9 August 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above rule position, the contentions raised in the counter cannot be accepted.

Judgment, page 13

From the headnote

Service Law : Railway Services (Pension) Rules, 1993: Rules 37, 49 and 50. 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 counted towards qualifYing service for pension-During suspension period basic pay was enhanced-But pension was fixed on the basis of 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

Where later benches applied it

Of those, 1 referred to

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