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1992 (2) TMI 322 - SUPREME COURTThe power of appointment under Section 5 and the scope of Section 8 and 10 of the Electricity (Supply) Act, 1948. The effect of amendment under Section 5(6) of the said Act. The scope of Section 3 of Electricity (Supply) (H.P. Amendment) Act of 1990. Whether it is violative as single person's legislation? Whether the failure to implead Chauhan would be fatal to the writ petition? Held that:- It has to be carefully noted that this Act was intended to deny the appellant a right to decision by a court of law and that too in a private dispute between the parties. Hence, this ruling again has no application to the facts of the case. As we observed in the beginning of the judgment, if the State is well entitled to introduce an age of superannuation how could that be called discrimination or unreasonable ? The resultant conclusion is the amending Act, particularly, Section 3 is not, in any way, arbitrary and, therefore, not violative of Article 14. Appellant succeeds. As repeatedly stated by Mr. Shanti Bhushan during the course of the arguments that the State is willing to provide compensation for the remaining period of the tenure, we direct the State to pay the first respondent the salary, allowances and perks for the period commencing from 13.7.90 upto 25.7.92, had he continued in office but for the impugned legislation. If any payment has been made by interim orders of the court that will go towards the deduction of this liability.
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