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A statutory cap limiting pension to 87% violates the constitutional requirement to account for full length of service.
Constitutional law – pensions – Whether statutory ceiling (s.13(1) Pensions Act) limiting pension to 87%/435 months conflicts with Article 254(1) requirement that pension be commensurate with rank, salary and length of service; res judicata – applicability where earlier court lacked jurisdiction to determine constitutional question; remedies – recomputation, arrears with interest, monthly payments and costs.
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