AIROnline 2004 SC 173 ::2005 (10) SCC 220 ::2005 SCC (L&S) 754 ::(2001) 2 Guj LH 528 ::(2017) 3 Lab LN 552

Supreme Court Of India

Hon'ble Judge(s): P. Venkatarama Reddi, B. P. Singh , JJ

(A) Civil P.C. (5 of 1908) , O.47 R.1— Review - Scope - While deciding review petition High Court addressed itself to issue which was neither raised nor decided in main case - Impugned order is liable to be set aside. (B) Constitution of India , Art.16— Pension and arrears of pay - Settlement of - Transfer of employee by appellant/M.P. Electricity Board to Chhatisgarh Electricity Board - However, Chhatisgarh Electricity Board was not prepared to entertain him to duty on ground that transfer was unilateral - Employee retired in meantime on attaining age of superannuation - Question regarding his allocation to Electricity Board was pending determination with Govt. - Direction issued to appellant Board to settle pension and grant pensionary benefits to employee on basis of his last-drawn salary. (Para 6)