KOSARAJU BABU RAO Vs. AIR INDIA

JUDGEMENT

(1.) The short controversy which revolves round this case is,

(2.) The respondent has contested this petition. The learned counsel for the respondent has made only one short submission. She submitted that the judgment passed in CWP No.493 of 1999 is not applicable to the facts of this case on all fours, for twin reasons. Firstly, the said judgment was passed in respect of a person who has voluntarily retired. The observations made in the said judgment regarding persons who has superannuated are obiter dicta simpliciter and secondly, the Apex Court has already held that amendment is always prospective in nature unless or until it is indicated otherwise.

(3.) These arguments are devoid of force. The relevant observations in the judgment in CWP No.493 of 1999 are reproduced as here under :-