Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.
Because of the retrospective operation of the new pension scheme, no employer or employee would have forethought that appointments made after 01-04-2003 would not be eligible for the old pension scheme.
Merely because a provision is described as a clarification or an explanation, the Court is not bound by the said statement in the statute itself but must proceed to analyse the nature of the amendment.
by Siddharth R. Gupta† and Prakriti††
Cite as: 2023 SCC OnLine Blog Exp 29
Article 14 of the Constitution of India has withstood the temperts of classification and discrimination, but the emerging disparity to regulate the condition of pension as a result of service ought not to obliterate the object of equality in a level playing field.
Delhi High Court: In a batch of petitions filed assailing proceedings initiated by the respondent- State under the Prohibition of
“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”
“Merely because a law operates on certain circumstances which are antecedent to its passing does not mean that it is retrospective.”
Delhi High Court: A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending
Supreme Court: The Division Bench comprising of M.R. Shah and B.V. Nagarathna, JJ., stayed the impugned order of Bombay High Court wherein
Supreme Court: The Division Bench comprising of Ajay Rastogi* and Abhay S. Oka, JJ., held that a modification changing tariff for inadvertent
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Supreme Court: The 5-judge bench of R.M. Lodha, CJ and J.S. Khehar, J. Chelameswar, Dr. A.K. Sikri and R.F. Nariman deciding the