C.K. Murthy Vs. Government of Andhra Pradesh - Court Judgment

Excerpt:
- [k. subba rao,;raghubar dayal;j.r. mudholkar; r.s. bachawat and; v. ramaswami, jj.] the appellant was paying a tax at the rate of one anna per--unit weight of cotton, under s. 66(1)(b) of the central provinces municipalities act. 1922, from 1936. in all 1941 the rate of tax was increased to 4 as. in 1952, the appellant filed a suit for recovery of the excess,tax paid within 3 years of the date of suit. it was contended that after the coming into force of s. 142a of the government of india act, 1935, on 1st april 1939, till 25th january 1950, a tax in excess of rs. 50 per annum could not be imposed by the respondent, and, after the coming into force of the constitution the upper limit of the tax was raised to rs. 250 per annum under art. 276 of the constitution; and that as the.....order1. the points which arise in this appeal are the same as those which have been decided today by this court in civil appeal no. 2627 of 1977-ahmed hussain khan v. state andhra pradesh heard along with civil appeal no. 2628 of 1977-s. gopalan v. state of andhra pradsh. in view of our judgment in those two appeals, we allow this appeal also and reverse the judgment of the division bench of the andhra pradesh high court and set aside the order appealed against. we direct the state of andhra pradesh to fix within one month from today the pension payable to the appellant from the date on which he became eligible for payment of pension, that is, from the date on which he retired from government service, on the basis that the maximum pension admissible under clause (b) of sub-rule (1) of.....

Judgment:
ORDER

1. The points which arise in this Appeal are the same as those which have been decided today by this Court in Civil Appeal No. 2627 of 1977-Ahmed Hussain Khan v. State Andhra Pradesh heard along with Civil Appeal No. 2628 of 1977-S. Gopalan v. State of Andhra Pradsh. In view of our judgment in those two Appeals, we allow this Appeal also and reverse the judgment of the Division Bench of the Andhra Pradesh High Court and set aside the order appealed against. We direct the State of Andhra Pradesh to fix within one month from today the pension payable to the Appellant from the date on which he became eligible for payment of pension, that is, from the date on which he retired from Government service, on the basis that the maximum pension admissible under Clause (b) of Sub-rule (1) of Rule 299 of the Hyderabad Civil Services Rules is Rs. 1,000 per month in the Government of India currency. We further direct the State of Andhra Pradesh to pay the Appellant the balance of the amount of pension payable to him for the past period according to such refixation within one month from the date of refixation of his pension.

2. The Respondent will pay to the Appellant the costs of the Appeal in this Court and of the writ petition and the writ appeal in the Andhra Pradesh High Court.