.... Mr Shanti Bhushan however submits that applying the law laid down in Nakara case...retired as they were similarly situated with those who were yet to retire. It is submitted, that even though Nakara case...the objects sought to be achieved by giving of the option and were clearly violative of Article 14 and also of the principle laid down in Nakara case...

...by this Court in V.K Ramamurthy v. Union of India (1996) 10 SCC 73. Therein this Court surveyed the entire case law and held thus:“In view .... The decision of Ghansham Das case on which the learned counsel for the petitioner placed reliance, the Tribunal relied upon Nakara case (1983) 1 SCC 305 and granted the relief without considering that...Nakara (1983) 1 SCC 305 decision has been distinguished in the Constitution Bench case of Krishena Kumar (1990) 4 SCC 207, (1990) 14 ATC 846 and other cases referred to supra...

...laid down by this Court in the case of D.S Nakara (1983) 1 SCC 305 inasmuch as pension paid is not a bounty nor an ex gratia payment for past services rendered and is a social welfare measure rendering...whether the Rules in the present case have any retrospective operation. On the question of the applicability of the ratio in D.S Nakara case (1983) 1 SCC 305 the learned counsel for the respondent urged...enunciated by this Court in Nakara (1983) 1 SCC 305 have no application to the case in hand.5. In view of the rival submission, the first question that arises for consideration...

...: AIR 1972 SC 2301 at p. 2314)). In the case of D.S Nakara, supra this approach reached a new dimension. It was held that there is no inhibition...the case of D.S Nakara ((1983) 1 SCC 305 : AIR 1983 SC 130) (supra...this Court on May 8, 1979. We are relieved of the burden considerably in view of the recent pronouncement of the Supreme Court dated Dec. 17, 1982 in the case of...

...declaring any law, which created inequalities to be unconstitutional, but in Nakara case (1983) 1 SCC 305 this Court realised that such a course of action would not meet with the obligations emanating from...a combined reading of the directive principles and Article 14. Therefore, this Court emphatically laid down in Nakara case (1983) 1 SCC 305 that it is possible to give an appropriate inductive relief by eliminating the factors, whic...relevant law made by Parliament in the context of the present case.56. The following principal submissions are made by the appellants:56.1 The...

...law laid down by the Hon'ble Apex Court in case of D.S. Nakara & Others Vs. Union of India reported... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9632 of 2023...petitioner may be disposed of in accordance with law within specified period. 3. Considering the aforesaid submissions made on behalf of the petitioner as well as the...

...confined themselves to the question as to whether the present case is covered by the ratio of law laid down in Nakara case [1983 (1) L.L.N...289] (vide supra). In this connection, while dealing with the submissions advanced on behalf of the appellant that Art. 14 of the Constitution which was the sheet-anchor of the decision in Nakara case (vide supra), cannot be enf...Judge added, “viewed in this light, Nakara judgment does have an application in me case of private industrial employer too.” Having said so, the learned Judge clarified:“the tests for the...

.... Nakara case (1983) 1 SCC 305 in para 28, stated the law thus: (Motor General Traders case...when a wife or a common law wife is an aggrieved person, and not if any other woman belonging to a family is an aggrieved person. Therefore, in the case of a wife or a common law wife complaining of...domestic violence, the husband's relatives including mother-in-law and sister-in-law can be arrayed as respondents and effective orders passed against them. But in the case of a mother-in-law or sister...

...computation of pension and that Nakara case (1983) 1 SCC 305 clearly forbade any distinction between pensioners inter se.9. Both sides have contended that the decision in Nakara (1983) 1 SCC 305 s...-1998. It was held by the High Court that in keeping with the decision in D.S Nakara case (1983) 1 SCC 305 the members of the Association were entitled to the pensionary benefits as were paid to post...facts of Nakara case (1983) 1 SCC 305.10. The subject-matter of decision in that case was an office memorandum dated 25-5-1979 by which the Ministry of Finance, Government...

...payment of pensionary benefits that are due to superannuated employee. It is settled law in the case of D.S. Nakara versus Union of... Court No. - 7 Case :- WRIT - A No. - 1063 of 2022 Petitioner :- Shiv Kumar Bahadur Singh.... (ii) Issue such other suitable order or directions which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iii...

...circumstances of the case, the law laid down by the Hon'ble Apex Court in the cased of D.S Nakara and Deokinandan Prasad (supra) as also the provisions contained in Rule 139 of the...a criminal prosecution vide CBI case no. RC-I(A)03 Pat while he was in service.4. The writ application asserts that the petitioner served the erstwhile Bihar State Electricity Board...conclusion of investigation, charge-sheet was submitted and the petitioner is now facing trial arising out of the said case. Upon superannuation, he applied for sanction of pension/gratuity. The respondents...

...Association, reported in 2004 (2) L.L.N 799. Learned counsel were at pains to point out that the decisions in Nakara case [1983 (1) L.L.N 289] (vide supra), could not have been relied upon as has been done by the learned Judge in vi...Bandopadhyay and Ms. Debjani Sengupta learned counsel for the respondents argued that the decision in Nakara case [1983 (1) L.L.N 289] (vide supra), was not overruled as yet and was still a good law. Sri...retirement was an irrelevant consideration.12.1 Ms. Sengupta heavily relied on some observations made in the Nakara case [1983 (1) L.L.N 289] (vide supra), particularly Paras. 9, 13, 35, 42 and 46 and stressed that, ...

...law including D.S. Nakara (ibid) , the Honble Supreme Court held that:- Similar is the case with regard to gratuity which has already been paid to the petitioners on the then prevailing basis as it.... 4. The grievance of applicants is that fixation of said cut off date is illegal, arbitrary, unjust and unsustainable in law being contrary to law laid down by the Honble Supreme Court in D.S. Nakara...was filed by ex-servicemen in which reliefs, claimed were based on solely the decision of said case of Nakara (supra). After analyzing the said judgment of Nakara, the Constitution Bench in Indian Ex...

...case are that the father-in-law of the petitioner had retired from the post of Assistant Teacher in 1 2/4...the case of D.S. Nakara & Others. Vs. Union of India reported in (1983) 1 SCC 305. The relevant benefit required... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15216 of 2023...

.... 4. Learned counsel further submits that the petitioner's case is covered by the law laid down by the Hon'ble Apex Court in the case of... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3937 of 2023...entitled/eligible as per the 1 2/5 interest rate applicable in the present case on...

...that the petitioner's case is covered by the law laid down by the Hon'ble Apex Court in the case of D.S. Nakara & Others Vs. Union... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14385 of 2022...any other relief/reliefs to which the petitioner may be found entitled to, in the facts and circumstances of the case." 3. Learned counsel appearing...

...paragraph no.1 of writ petition, has not been given till date. 4. Learned counsel further submits that the petitioner's case is covered by the law laid down by the Hon'ble Apex...Court in the case of D.S. Nakara & Others Vs. Union of India reported in (1983) 1... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16963 of 2022...

...counsel further submits that the petitioner's case is covered by the law laid down by the Hon'ble Apex Court in the case of D.S. Nakara... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14411 of 2022.... (iii) For any other relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case." 3...

...the petitioner has passed an illegal order inconsistent with the Rule 58 and 59 of the Bihar Pension Rules, 1950, as well as, the law laid down by the Division Bench of this Court in case of...Rules, 1950. Learned counsel further submitted that in the order dated 24.04.2024 contained in Memo No. 505 is also inconsistent with the law laid down by the Apex Court in case of..., as well as, the aforementioned judgment of the Apex Court, only penalized the petitioner and is against the principle of law laid down by the Apex Court in case of...

...the Supreme Court on the ground of it being arbitrary and violative of Articles 14 and 16 of the Constitution of India. Considering the law laid down in case of D.S Nakara...discrimination as also violative of Article 14 of the Constitution and in conflict with the Constitution Bench judgment in the case of D.S Nakara case (supra) which clearly prohibits...-person and has vehemently relied upon Supreme Court decision in case of D.S Nakara v. Union of India reported in (1983) 1 SCC 305. It appears...