Supreme Court of India

Col. (retd.) B.J. Akkara v. The Govt. of India and Ors.

Neutral citation

Reported as [2006] SUPP. 7 S.C.R. 58

Bench G.P. Mathur J.

Decided 10 October 2006

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.

9 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the challenge to the validity of the circular dated 11.9.2001 is rejected.

Judgment, page 23

From the headnote

Service Law: Pension-Stepping up of pension under Ministry of Defence Circular dated 7.9.99-Whether non-practising allowance should be taken into account for stepping up of pension pre 1.1.96 ritirees-Claim regarding-Armed Forces-Army-Medical, Dental and Veterinary Officers-Retired prior to 1.1.1996-Government of India, Ministry of Defence Circular dated 7.9.1999- /nterpretation of-Clarification by circular dated 11.9.2001-Validity of- Held, Circular dated 7. 6.1999 merely stepped up the pension to 50% of the minimum pay in the revised scale of pay introduced w.e.f 1.1.1996 of the rank held

Authorities it was built on

1982 D.S. Nakara & Others v. Union of India cited by 127
2001 Ouseph Mathai and Ors. v. M. Abdul Khadir cited by 11

Where later benches applied it

2014 State of Punjab and Others Etc. v. Rafiq Masih (white Washer) Etc. relied on
2022 Thomas Daniel v. State of Kerala and Ors. referred to
2022 Indian Ex Servicemen Movement & Ors. v. Union of India & Ors. referred to
2019 Union of India & Ors. v. Dr. O. P. Nijhawan & Ors. referred to
2018 Bank of India and Others v. United Bank of India Retirees’ Welfare Association and Others Etc. referred to
2018 Suchet Singh Yadav & Ors. v. Union of India & Ors. referred to
2012 Chandi Prasad Uniyal and Ors. v. State of Uttarakhand and Ors. referred to
2009 Registrar, Co-operative Societies Haryana v. Israil Khan & Ors. mentioned
2013 K.C. Bajaj and Others v. Union of India and Others distinguished

Of those, 1 relied on · 1 distinguished · 6 referred to · 1 mentioned

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