STATE OF PUNJAB Vs. AMAR NATH GOYAL
LAWS(SC)-2005-8-26
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on August 11,2005

STATE OF PUNJAB Appellant
VERSUS
AMAR NATH GOYAL Respondents





Cited Judgements :-

UNION OF INDIA VS. ANJU NIGAM [LAWS(ALL)-2012-1-170] [REFERRED TO]
AVINASH CHANDRA SRIVASTAVA VS. STATE OF U.P. [LAWS(ALL)-2021-9-95] [REFERRED TO]
JAGDIP PARMANANDBHAI RAVAL VS. STATE OF GUJARAT [LAWS(GJH)-2015-12-4] [REFERRED TO]
M L BANGA VS. CHIEF GENERAL MANAGER [LAWS(DLH)-2010-3-207] [REFERRED TO]
SATAPPA S/O SHRIHARI PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-10-20] [REFERRED TO]
GANGADHAR SANGAPPA KALBURBGI VS. STATE OF KARNATAKA [LAWS(KAR)-2015-4-388] [REFERRED TO]
STATE OF MANIPUR AND ANR. VS. MANIPUR STATE TRANSPORT PENSIONERS WELFARE UNION AND ORS. [LAWS(GAU)-2010-8-129] [REFERRED TO]
EX-SERVICEMEN WELFARE UNION AND ANR. VS. UNION OF INDIA & ORS. [LAWS(DLH)-2016-1-143] [REFERRED TO]
N EASWARAN NAMBOOTHIRI VS. TRANVANCORE DEVASWOM BOARD [LAWS(KER)-2018-7-548] [REFERRED TO]
SHUBHRA HITESHBHAI GUPTA VS. STATE OF GUJARAT [LAWS(GJH)-2023-8-525] [REFERRED TO]
ISWANTI WIFE OF LATE SH BALBIR SINGH AND ORS VS. HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR AND ORS [LAWS(P&H)-2010-3-245] [REFERRED]
SECRETARY, GOVERNMENT OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT VS. C. MURUGAN [LAWS(MAD)-2021-6-32] [REFERRED TO]
THE STATE OF MANIPUR AND ORS. VS. THE ALL MANIPUR PENSIONERS ASSN. AND ORS. [LAWS(MANIP)-2016-3-1] [REFERRED TO]
RETIRED OFFICIALS ASSOCIATION VS. STATE OF TAMIL NADU [LAWS(MAD)-2022-7-398] [REFERRED TO]
STATE OF BIHAR VS. BIHAR PENSIONERS SAMAJ [LAWS(SC)-2006-4-9] [REFERRED TO]
MAHARASHTRA STATE FINANCIAL CORPORATION EX-EMPLOYEES ASSOCIATION VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-2-5] [REFERRED TO]
KUMBAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-78] [REFERRED TO]
BIRAJ CHOUDHURY AND OTHERS VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-2012-2-174] [REFERRED TO]
BUDHINDRA NATH BARUAH VS. ASSAM STATE ELECTRICITY BOARD [LAWS(GAU)-2011-9-20] [REFERRED TO]
EX PTR BALDEV SINGH VS. UNION OF INDIA [LAWS(DLH)-2008-2-83] [REFERRED TO]
CENTRAL BANK RETIREES ASSOCIATION VS. UNION OF INDIA [LAWS(DLH)-2010-10-45] [REFERRED TO]
YASH PAL VS. SECRETARY PUBLIC ENTERPRISES SELECTION BOARD [LAWS(DLH)-2010-9-17] [REFERRED TO]
VAGHARI DAHYABHAI KESHAVLAL VS. STATE OF GUJARAT [LAWS(GJH)-2016-7-114] [REFERRED TO]
B. VENKATESWARA REDDY VS. SUPERINTENDENT OF POST OFFICES [LAWS(APH)-2023-8-52] [REFERRED TO]
STATE OF H.P. & ORS. VS. RAJESH CHANDER SOOD ETC. ETC. [LAWS(SC)-2016-9-45] [REFERRED TO]
SURENDRA NARAYAN GUPTA VS. PRINCIPAL SECRETARY STATE OF M.P. [LAWS(MPH)-2024-7-6] [REFERRED TO]
SURENDRA NARAYAN GUPTA VS. PRINCIPAL SECRETARY STATE OF M.P. [LAWS(MPH)-2024-7-6] [REFERRED TO]
MRITUNJAY SINGH VS. STATE OF JHARKHAND & OTHERS [LAWS(JHAR)-2016-10-71] [REFERRED TO]
D A RAMAKRISHNAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2018-1-250] [REFERRED TO]
MANAGER SREE VIVEKANANDA HIGHER SECONDARY SCHOOL VS. STATE OF KERALA [LAWS(KER)-2022-8-359] [REFERRED TO]
SATBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-10-79] [REFERRED TO]
VIDYANAND SHARMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2007-4-35] [REFERRED TO]
M.C. SINGLA AND OTHERS VS. UNION OF INDIA AND OTHERS. [LAWS(P&H)-2012-4-221] [REFERRED TO]
KERALA STATE WARE HOUSING CORPORATION RETIRED EMPLOYEES ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-2006-6-10] [REFERRED TO]
UNION OF INDIA VS. S ASHOK KUMAR [LAWS(KER)-2005-10-52] [REFERRED TO]
V PANKAJAM VS. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-6-97] [REFERRED TO]
JAGDIPSINH DADOOBHAI CHUDASMA VS. STATE OF GUJARAT [LAWS(GJH)-2022-1-1165] [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. BANGALORE WATER SUPPLY AND SEWERAGE BOARD PENSIONERS ASSOCIATION [LAWS(KAR)-2012-1-10] [REFERRED TO]
SHIV DEV SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2010-9-229] [REFERRED TO]
MINERAL EXPLORATION CORP. LTD. VS. ARVIND KUMAR DIXIT [LAWS(SC)-2014-12-21] [REFERRED TO]
NATIONAL COUNCIL FOR TEACHER EDUCATION VS. SHYAM SHIKSHA PRASHIKSHAN SANSTHAN [LAWS(SC)-2011-1-16] [REFERRED TO]
HARI PARKASH VS. STATE OF PUNJAB [LAWS(P&H)-2009-10-39] [REFERRED TO]
P.C. JAIN VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-9-481] [REFERRED]
V.SWATHI VS. PRINCIPAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2019-9-95] [REFERRED TO]
RATTAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-8-8] [REFERRED TO]
IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS. IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 [LAWS(SC)-2024-10-32] [REFERRED TO]
STATE OF TRIPURA VS. ANJANA BHATTACHARJEE [LAWS(SC)-2022-8-74] [REFERRED TO]
INDIAN OVERSEAS BANK VS. REGIONAL LABOUR COMMISSIONER (C) AND APPELLATE AUTHORITY [LAWS(SC)-2018-11-113] [REFERRED TO]
P.V. SREENIVASAIAH VS. STATE OF M.P. [LAWS(MPH)-2017-4-83] [REFERRED TO]
BANK OF INDIA VS. GHANSHYAMBHAI MULJIBHAI PATEL [LAWS(GJH)-2013-8-56] [REFERRED TO]
B. C. GUPTA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-7-99] [REFERRED TO]
RESERVE BANK OF INDIA VS. SHADI LAL SHARMA [LAWS(HPH)-2019-7-181] [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION OF THE EMPLOYEES OF INDIAN INSTITUTE OF MASS COMMUNICATION [LAWS(DLH)-2019-10-58] [REFERRED TO]
V. CHANDRAN VS. STATE OF KERALA [LAWS(KER)-2023-7-173] [REFERRED TO]
DHUDHABHAI NATHABHAI MOGA VS. SECRETARY AGRICULTURE CO-OPERATION AND RURAL DEVELOPMENT [LAWS(GJH)-2016-8-5] [REFERRED TO]
JILA SINGH @ JILE RAM AND 2 OTHERS VS. UNION OF INDIA AND 4 OTHERS [LAWS(ALL)-2017-8-250] [REFERRED TO]
ARVIND VISHNU PATANKAR VS. UNIVERSITY GRANTS COMMISSION [LAWS(BOM)-2014-3-116] [REFERRED TO]
STATE OF H P & ORS VS. RAJESH CHANDER SOOD ETC [LAWS(SC)-2016-9-122] [REFERRED TO]
CENTRAL BANK OF INDIA VS. M. SETHUMADHAVAN & ORS. [LAWS(SC)-2017-3-143] [REFERRED TO]
S.SESHACHALAM VS. CHAIRMAN, BAR COUNCIL OF TAMIL NADU [LAWS(SC)-2014-12-41] [REFERRED TO]
SUDHIR KUMAR CONSUL VS. ALLAHABAD BANK [LAWS(SC)-2011-2-74] [REFERRED TO]
K S KRISHNASWAMY VS. UNION OF INDIA [LAWS(SC)-2006-11-57] [REFERRED TO]
ELECTRONICS CORPORATION OF INDIA VS. APPELLATE AUTHORITY [LAWS(TLNG)-2024-8-32] [REFERRED TO]
SURJIT KAUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2010-9-18] [REFERRED TO]
CENTRAL GOVERNMENT PENSIONERS ASSOCIATION VS. UNION OF INDIA [LAWS(KER)-2008-2-80] [REFERRED TO]
UNION OF INDIA VS. COL BHUPINDER SINGH [LAWS(KAR)-2009-9-15] [REFERRED TO]
A.V. RAMAKRISHNA PILLAI S/O VELAYDHAN PILLAI VS. STATE OF KERALA [LAWS(KER)-2018-11-433] [REFERRED TO]
NAND KISHORE SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2021-5-58] [REFERRED TO]
C P KRISHNASWAMY VS. UNION OF INDIA [LAWS(MAD)-2009-12-195] [REFERRED TO]
ROHIT RAJ CHHABRA AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2017-8-191] [REFERRED TO]
RAMESH VISHNU DALVI VS. GENERAL MANAGER [LAWS(GJH)-2022-7-1519] [REFERRED TO]
DR.M.M.SWAMI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-7-41] [REFERRED TO]
ALL MANIPUR PENSIONERS ASSOCIATION VS. STATE OF MANIPUR [LAWS(SC)-2019-7-41] [REFERRED TO]
TAMIL NADU RETIRED TEMPLE EMPLOYEES ASSOCIATION, CHENNAI VS. SECRETARY TO GOVERNMENT, TAMIL DEVELOPMENT CULTURE AND RELIGIOUS ENDOWMENT DEPARTMENT AND ORS. [LAWS(MAD)-2015-9-311] [REFERRED TO]
HIMACHAL ROAD TRANSPORT CORPORATION VS. HIMACHAL ROAD TRANSPORT CORPORATION RETIRED EMPLOYEES UNION [LAWS(SC)-2021-2-60] [REFERRED TO]
UNION OF INDIA VS. S.K. DASH OFFICE SURVEYOR BHUBANESHWAR [LAWS(MAD)-2014-3-66] [REFERRED TO]
RETIRED TEACHERS AND EMPLOYEES UNION VS. STATE OF KERALA [LAWS(KER)-2012-1-43] [REFERRED TO]
P.K.PRABHAKARA KURUP VS. STATE OF KERALA [LAWS(KER)-2013-7-66] [REFERRED TO]
S MERRITON ZACHARI RAJ VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2008-7-495] [REFERRED TO]
CHAIRMAN TAMIL NADU ELECTRICITY BOARD VS. TAMIL NADU ELECTRICITY BOARD PENSIONERS ASSOCIATION [LAWS(MAD)-2006-2-339] [REFERRED TO]
GANDA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-9-94] [REFERRED TO]
S.L.OZA VS. STATE OF GUJARAT [LAWS(GJH)-2013-10-5] [REFERRED TO]
GIRISHKUMAR VENISHANKAR PANDYA VS. STATE OF GUJARAT & 4 [LAWS(GJH)-2015-10-219] [REFERRED]
MOHOR ALI SHEIKH VS. STATE OF ASSAM [LAWS(GAU)-2024-10-1] [REFERRED TO]
CHANDRAKANT DAHYALAL SHAH VS. CHAIRMAN - GUJARAT STATE HANDLOOM AND HANDICRAFT DEVELOPMENT CORPORATION LTD [LAWS(GJH)-2016-4-124] [REFERRED TO]
SHEELDHAR SINGH VS. STATE OF U. P. [LAWS(ALL)-2023-12-105] [REFERRED TO]
P. LALNUNTHARA VS. STATE OF MIZORAM [LAWS(GAU)-2020-11-4] [REFERRED TO]
BANK OF INDIA RETIRED OFFICER ASSOCIATION VS. BANK OF INDIA [LAWS(GJH)-2006-8-13] [REFERRED TO]
STATE BANK OF INDIA AND ORS VS. STATE BANK OF INDIA UNION OF INDIA; RESERVE BANK OF INDIA [LAWS(KAR)-2013-9-514] [REFERRED]
YASHWANT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-8-83] [REFERRED TO]
RESERVE BANK OF INDIA AND ORS. VS. SHADI LAL SHARMA [LAWS(HPH)-2019-7-246] [REFERRED TO]
PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES AND ORS. VS. RAJ KUMAR KANAUJIA AND ORS. [LAWS(ALL)-2011-4-478] [REFERRED TO]
K. RAJESWARA RAO S/O. LATE SRI RAMA PLOT NO.302, PREETI AVENUE, MYLARAGADDA, SEETHAPHAL MANDI, SECUNDERABAD VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, MUSHIRABAD, HYDERABAD, REP. BY ITS MANAGING DIRECTOR [LAWS(APH)-2016-9-52] [REFERRED TO]
ASSOCIATION OF COLLEGE AND UNIVERSITY SUPERANNUATED TEACHERS VS. UNION OF INDIA [LAWS(BOM)-2024-2-2] [REFERRED TO]
PUNJAB STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED VS. BALBIR KUMAR WALIA [LAWS(SC)-2021-7-5] [REFERRED TO]
THE SATE OF MANIPUR AND ORS. VS. AMBITION RAGUI AND ORS. [LAWS(MANIP)-2015-4-14] [REFERRED TO]
STATE OF A P VS. A P PENSIONERS ASSOCIATION [LAWS(SC)-2005-11-9] [REFERRED TO]
MANAK CHAND JAIN VS. MOHAN LAL SUKHADIA UNIVERSITY & ORS [LAWS(RAJ)-2011-8-252] [REFERRED]
TAMIL NADU ELECTRICITY BOARD VS. TNEB-THOZHILALAR AYKKIYA [LAWS(SC)-2019-2-67] [REFERRED TO]
CHAIRMAN BAR COUNCIL OF TAMIL NADU HIGH COURT CAMPUS CHENNAI VS. S SESHACHALAM [LAWS(MAD)-2009-7-390] [REFERRED TO]
KALLAKKURICHI TALUK RETIRED OFFICIAL ASSOCIATION TAMILNADU VS. STATE OF TAMILNADU [LAWS(SC)-2013-1-34] [REFERRED TO]
TRANSPORT AND DOCK WORKERS UNION VS. MUMBAI PORT TRUST [LAWS(SC)-2010-11-74] [REFERRED TO]
THE MANAGING COMMITTEE AND ORS. VS. RAJINDER SINGH KALER AND ORS. [LAWS(P&H)-2015-4-80] [REFERRED TO]
K BALASUNDARAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-9-204] [REFERRED TO]
UNION OF INDIA AND ANOTHER VS. K.O. MATHAI [LAWS(KER)-2015-12-189] [REFERRED TO]
KERALA STATE ELECTRICITY BOARD VS. P N RAGHUKUMAR [LAWS(KER)-2011-11-31] [REFERRED TO]
R. PARASURAMA IYER AND ORS. VS. STATE BANK OF TRAVANCORE [LAWS(KER)-2016-3-38] [REFERRED TO]
STATE OF KERALA VS. BESSY MATHEW [LAWS(KER)-2020-10-390] [REFERRED TO]
ITRAT HUSSAIN RAFIQI & ORS VS. STATE OF JK & ORS [LAWS(J&K)-2018-9-43] [REFERRED TO]
SARDAR PATEL INSTITUTE EMPLOYEES UNION VS. SARDAR PATEL INSTITUTE OF ECONOMIC & SOCIAL RESEARCH AND ORS [LAWS(GJH)-2012-10-326] [REFERRED TO]
SUSHIL KUMAR NANGIA VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2010-10-268] [REFERRED TO]
SUSHIL KUMAR NANGIA VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2010-10-268] [REFERRED TO]
S A KHAN VS. UNION OF INDIA [LAWS(DLH)-2015-5-14] [REFERRED TO]
KARNATAKA POWER TRANSMISSION VS. D BASAVARAJU [LAWS(KAR)-2020-4-30] [REFERRED TO]
SOCIAL JURIST, A CIVIL RIGHTS GROUP VS. GOVERNMENT OF NCT OF DELHI AND ANR [LAWS(DLH)-2018-10-51] [REFERRED TO]
BHAVNAGAR MUNICIPAL CORPORATION VS. VANDANABEN NAVALBHAI VYAS [LAWS(GJH)-2006-2-29] [REFERRED TO]
CONFEDERATION OF STATE GOVERNMENT EMPLOYEES, WEST BENGAL & ORS. VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-8-328] [REFERRED TO]
S.R. DHEER S/O LATE SHRI C.L. DHEER AND ORS. VS. UNION OF INDIA (UOI) REPRESENTED THROUGH THE SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, [LAWS(CA)-2009-2-14] [REFERRED TO]
SITARAM SINGH VS. STATE OF BIHAR [LAWS(PAT)-2023-5-22] [REFERRED TO]
ORISSA POWER TRANSMISSION CORPORATION LTD VS. KHAGESWAR SUNDARAY [LAWS(SC)-2011-8-85] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. N SUBBARAYUDU [LAWS(SC)-2008-3-155] [REFERRED TO]
KRISHNA GOPAL TIWARY VS. UNION OF INDIA [LAWS(SC)-2021-8-25] [REFERRED TO]
UNION OF INDIA VS. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH, CHENNAI [LAWS(MAD)-2017-4-338] [REFERRED TO]
MANKASHAR DASS AND ORS VS. R S MANN, IAS AND ORS [LAWS(P&H)-2010-12-687] [REFERRED]
A DHANAPAKIYAM VS. SECRETARY TO GOVERNMENT TAMIL NADU LEGISLATIVE ASSEMBLY T A II SECTION [LAWS(MAD)-2009-1-314] [REFERRED TO]
ISHAQ VS. JAWAHARLAL NEHRU KRISHI VISHWA VIDYALAYA [LAWS(MPH)-2010-8-44] [REFERRED TO]
VINOD BEHARI SIMLOTE VS. STATE OF GUJARAT [LAWS(GJH)-2010-6-90] [REFERRED TO]
Syndicate Bank, A body constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, Having its Head Office at Manipal, Udupi Taluk, Dakshina Kannada District, Represented by its Chairman and Managing Director etc. etc.@appe VS. [LAWS(KAR)-2012-5-36] [REFERRED TO]
OM PRAKASH SAXENA AND ANOTHER [ NOW S/S] VS. STATE OF U P [LAWS(ALL)-2019-5-58] [REFERRED TO]
UNION OF INDIA VS. VENKATRAM RAJAGOPALAN [LAWS(BOM)-2012-8-116] [REFERRED TO]


JUDGEMENT

Srikrishna, J. - (1.)Delay condoned, Leave granted in the Special Leave Petitions.
(2.)This group of Special Leave Petitions and Transferred Cases raise the same issue of law, though the origin of the cases and the paths by which they found their way to this Court are different. A brief resume of the facts is called for.
Civil Appeal No. 129 of 2003:

(3.)The respondents are employees of the Government of Punjab who retired during the period 31-7-1993 to 31-3-1995. They sought the benefit of a circular dated 13-12-1996 under which the State Government employees, who retired or died on or after 1-4-1995, were entitled to get retirement gratuity/death gratuity on the basis of addition of certain portion of the dearness pay to the basic pay. This benefit was refused to them. The respondents challenged the decision of the State Government declining them the aforesaid benefit by a group of writ petitions (numbered CWP No. 4995/97 and others) before the High Court of Punjab and Haryana. The High Court partially allowed the writ petition and held that such of the State Governments employees, who had retired on or after 1-7-1993, were entitled to the higher amount of death gratuity and retirement gratuity consequent upon the merger of a portion of dearness allowance into the basic pay. The High Court, however, refused to grant this benefit to employees who had retired before 1-7-1993. The High Court also directed the State Government and its officers to calculate the death/retirement gratuity of the respondents who had retired on or after 1-7-1993 in accordance with the notification dated 13-12-1996. The said judgment of the Division Bench of the Punjab and Haryana High Court is challenged in this appeal.
Civil Appeal No. 1061 of 2005:



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.