PSU Employees Nearing Superannuation Can't Seek To Continue In Service Until Govt Takes Formal Decision To Enhance Retirement Age: Kerala HC
1 month, 1 week ago

PSU Employees Nearing Superannuation Can't Seek To Continue In Service Until Govt Takes Formal Decision To Enhance Retirement Age: Kerala HC

Live Law  

The Kerala High Court has set aside a single bench order permitting employees of various Public Sector Undertakings to continue in service, irrespective of their retirement age, until the government takes a decision on the expert committee's report on the feasibility of enhancing retirement age from 58 to 60. An employee cannot claim the benefit of a decision that is not yet taken by the Government.” Background While disposing of the writ petition, the single judge allowed employees of various PSU's to continue in their posts, regardless of their retirement age, until the government made a decision based on the expert committee's report on raising the retirement age from 58 to 60 years. The single judge also directed expert committee constituted to study the feasibility of enhancement of the retirement age and to submit a report within four months. The Court was also apprised that the government has decided to constitute an expert committee to study the enhancement of retirement age on a case by case basis of different PSU's.

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History of this topic

Judicial Officers' Pension | 'Centre's Unified Pension Scheme Will Solve Issues', AG Tells Supreme Court
1 month, 1 week ago

Judicial Officers' Pension | 'Centre's Unified Pension Scheme Will Solve Issues', AG Tells Supreme Court

Live Law  

In the All India Judges Association case, pertaining to pension-related issues of judicial officers, Attorney General R Venkataramani told the Supreme Court today that the Centre has recently notified a Unified Pension Scheme, which would take care of the concerns of all employees - including judicial officers. Background In 2017, the Second National Judicial Pay Commission was constituted by the …

When Pay Scale Is Revised Retrospectively, Entitled Pensioners Must Be Given Benefits Even If They Retired Before Revision Order: Kerala HC
3 months, 3 weeks ago

When Pay Scale Is Revised Retrospectively, Entitled Pensioners Must Be Given Benefits Even If They Retired Before Revision Order: Kerala HC

Live Law  

The Kerala High Court has reiterated that when pay scale is revised retrospectively, then the revised pay scale must be considered while calculating pension even if the pensioners have retired prior to the issuance of the pay revision order, provided they are entitled to the revised pay scale. A Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar …

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
1 year, 6 months ago

Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

Live Law  

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. The …

Give an opportunity to pre-2014 retirees to avail of higher PF pensions: Kerala MP
1 year, 10 months ago

Give an opportunity to pre-2014 retirees to avail of higher PF pensions: Kerala MP

The Hindu  

The demand to provide an opportunity to those pensioners who came under the Employees’ Pension Scheme of the Employees’ Provident Fund Organisation and retired prior to September 1, 2014, without exercising the joint option to avail themselves of higher PF pensions, has been renewed by John Brittas, Member of Parliament from Kerala. In a seven-page letter sent to the Union …

Extend deadline by 6 months for online submission of consent for higher PF pension: Kerala MP
1 year, 10 months ago

Extend deadline by 6 months for online submission of consent for higher PF pension: Kerala MP

The Hindu  

With the period stipulated by the Employers’ Provident Fund Organisation expiring on Wednesday for sections of employees and pensioners to exercise joint option along with their employers for higher PF pension, the demand has been made by John Brittas, Member of Parliament from Kerala, for extending the deadline by six months. Gupta judgment of the Supreme Court in 2016, Mr. …

Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges
2 years, 1 month ago

Karnataka High Court Dismisses Petitions Seeking Increase In Age Of Superannuation For Teaching Staff Of Affiliated Colleges

Live Law  

The Karnataka High Court has dismissed a batch of petitions filed by lecturers, principals and associate professors working in affiliated colleges, aided and unaided by the state government, for enhancement of the age of superannuation from present 60 years to 65 years. A single judge bench of Justice Sunil Dutt Yadav said the contention of petitioners that even those working …

Kerala High Court Weekly Round-Up: January 16 To January 22, 2023
2 years, 2 months ago

Kerala High Court Weekly Round-Up: January 16 To January 22, 2023

Live Law  

Nominal Index Union Bank of India v. The Deputy Chief Engineer and Ors. Complainant U/S 138 NI Act Must Specifically Assert That Power Of Attorney Holder Has Knowledge Of Impugned Transaction: Kerala High Court Case Title: Razak Mether v. State of Kerala and Anr. Electricity Dept Has No Business To Check Property Ownership Of Consumer: Kerala High Court Case Title: …

Interview with Labour Minister | SC order on higher pension contribution has many implications, says Bhupender Yadav
2 years, 3 months ago

Interview with Labour Minister | SC order on higher pension contribution has many implications, says Bhupender Yadav

The Hindu  

The 17th Asia and the Pacific Regional Meeting of the International Labour Organisation will be held in Singapore between December 5 and 9. On the recent Supreme Court verdict on the EPFO higher pension, Mr. Yadav said it was being examined by his Ministry. In Singapore, India’s suggestions will include the way to strengthen employment service portals, integration of job …

Supreme Court upholds notification amending employees pension scheme as ‘legal and valid’
2 years, 4 months ago

Supreme Court upholds notification amending employees pension scheme as ‘legal and valid’

The Hindu  

The Supreme Court on Friday upheld the Employees’ Pension Scheme, 2014 as “legal and valid” while reading down certain provisions of the scheme concerning current members. Lalit came in an appeal filed by the Employees Provident Fund Organisation challenging decisions of the Kerala, Rajasthan and Delhi High Courts quashing the 2014 amendments on “determination of pensionable salary” under the Employees …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC

Live Law  

The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, …

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court
2 years, 7 months ago

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court

Live Law  

The Kerala High Court recently held that the right to pension is a constitutional right and that pensions cannot be paid to retired employees merely at the whims and fancies of the employers. Justice V.G Arun observed that pension is deferred salary and the right to the same is akin to the right to property under Article 300A of the …

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs
2 years, 7 months ago

Supreme Court Dismisses Plea To Enhance Retirement Age Of College Faculty As 65 Yrs

Live Law  

The Supreme Court on Tuesday dismissed an appeal which sought a direction to enhance the retirement age of college teachers as 65 years in State of Kerala as per a recommendation made by the University Grants Commission in 2010.A bench comprising Justices Indira Banerjee and Justice JK Maheshwari affirmed the view taken by the Kerala. A bench comprising Justices Indira …

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously
2 years, 8 months ago

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously

Live Law  

The Kerala High Court on Monday set aside the order of the State Administrative Tribunal that directed the State government to enhance the retirement age of doctors in the AYUSH department to 60 years as done for doctors in the Health Department, citing that this was a state policy.A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias …

Will Affect State Exchequer, Fresh Job Opportunities: Karnataka High Court Dismisses College Dean's Plea To Increase Retirement Age
2 years, 9 months ago

Will Affect State Exchequer, Fresh Job Opportunities: Karnataka High Court Dismisses College Dean's Plea To Increase Retirement Age

Live Law  

The Karnataka High Court has observed that fixation of retirement age of public servants has a direct bearing on the state exchequer as well as employment opportunities for others. He also sought a direction to continue in service till he attains the age of 65 years in terms of UGC Regulations, 2018 and the Central Government Order dated 02.11.2017. The …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 10 months ago

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court

Live Law  

The Rajasthan High Court recently affirmed the order passed by the Central Administrative Tribunal that upheld compulsory retirement of an IPS officer and observed that compulsory retirement is not a punishment and does not require observation of principles of natural justice. The subjective decision of the government in public interest arrived at after considering entire service record of the petitioner, …

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister
2 years, 11 months ago

Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister

Live Law  

Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other Stakeholders. P. …

Bank's Decision Reducing Retirement Age Illogical; Affected Employees Entitled To Salary For Out Of Service Period: Rajasthan High Court
3 years, 2 months ago

Bank's Decision Reducing Retirement Age Illogical; Affected Employees Entitled To Salary For Out Of Service Period: Rajasthan High Court

Live Law  

The Rajasthan High Court has recently observed that the employees of Central Co-Operative Bank, who remained out of service due to the latter's 'illogical' decision reducing the age of superannuation, are entitled to the salary for the said period.The Bank had passed a resolution, reducing the superannuation age from 60 to 58 years. The Rajasthan High Court has recently observed …

Kerala High Court Issues Notice On Plea Alleging Lack Of Transparency in Recruitment Of Personal Staff of Ministers, Leader of Opposition, Chief Whip
3 years, 11 months ago

Kerala High Court Issues Notice On Plea Alleging Lack Of Transparency in Recruitment Of Personal Staff of Ministers, Leader of Opposition, Chief Whip

Live Law  

The Kerala High Court today took up a PIL petition filed by an NGO against the lack of transparency in the recruitment/selection of appointment of persons be appointed to personal staff of Ministers, Leader of Opposition and Government Chief Whip forming part of Kerala Secretariat Service, Kerala Secretariat Subordinate Service and Kerala Last Grade Service without following any transparent or …

Supreme Court Issues Notice To Kerala Govt On Plea To Fix Retirement Age As 60 For All Govt Servants
4 years, 4 months ago

Supreme Court Issues Notice To Kerala Govt On Plea To Fix Retirement Age As 60 For All Govt Servants

Live Law  

The Supreme Court on Thursday issued notice to the State of Kerala on a plea seeking to fix the retirement age of government servants in Kerala as 60 years.A bench led by Justice D Y Chandrachud issued notice on the special leave petition Saju Nambadan and another v State of Kerala and others which challenged the amendments brought to the …

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]
5 years ago

Kerala HC Dismisses Challenge Against Compulsory Retirement Of Judicial Officer [Read Judgment]

Live Law  

The High Court of Kerala observed that there is no scope of interference in disciplinary action against officer in judicial service if there is sufficient evidence for showing unsatisfactory conduct. In the instant case the petitioner, one Mr. V. Jayakumar, former Judicial First Class Magistrate, Pathanamthitta, was compulsorily retired under Rule 13A of the Kerala Judicial Service Rule 1991. The …

New Pension Scheme For Judicial Officers Appointed Post April 1, 2006 Is Optional: Karnataka HC [Read Order]
5 years, 3 months ago

New Pension Scheme For Judicial Officers Appointed Post April 1, 2006 Is Optional: Karnataka HC [Read Order]

Live Law  

Karnataka HIgh Court has held that 'New Pension Scheme' for judicial officers appointed post April 1, 2006, cannot be made mandatory by the government and it will be optional for the state cadre judicial officers to opt for the same. A bench of Chief Justice Abhay Oka and Justice Mohammad Nawaz while deciding bunch of petitona filed by the Karnataka …

Kerala High Court sets aside PF pension changes
6 years, 5 months ago

Kerala High Court sets aside PF pension changes

The Hindu  

A Division Bench of the Kerala High Court on Friday set aside the Employees Pension Scheme ) effecting various changes that have drastically reduced pension eligibility of employees. The amendment also omitted an earlier provision permitting exercise of joint option by the employer and employees to contribute to the pension on salary exceeding ₹6,500 per month from the date of …

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies
6 years, 8 months ago

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Live Law  

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years. Hence, having retirement age above 65 years makes sense for developed countries as it enables to keep a larger proportion of their population in employment, however, for India which is …

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies
6 years, 8 months ago

Increase in Retirement Age of Judges Isn’t Solution to Pressing Problems of Judicial Backlogs and Vacancies

Live Law  

Recently, BJP leader and advocate Ashwini Kumar Upadhyay addressed a letter to Prime Minister Narendra Modi requesting an increment in the retirement age of judges in India to 70 years. Hence, having retirement age above 65 years makes sense for developed countries as it enables to keep a larger proportion of their population in employment, however, for India which is …

M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]
7 years, 7 months ago

M’rashtra’s New Pension Scheme Not Applicable To Judicial Officers As It Breaches SC Order: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held recently that the New Pension Scheme brought in by the state government, through a Government Resolution dated October 31, 2005, was not applicable to judicial officers in the state and the ones appointed after this cut-off date could choose to opt for the same.A bench of Justice AS Oka and Justice AK Menon held …

SC warns BCCI against prolonging implementation of Lodha panel report
9 years ago

SC warns BCCI against prolonging implementation of Lodha panel report

Live Law  

The Supreme Court today warned the BCCI against attempts to “filibuster” or prolong the implementation of Lodha panel report that recommended sweeping changes in the structure, management and functioning of the Board by raising several objections and made it clear that only few of the recommendations may be referred back the panel for reconsiderationThe bench was angry that the BCCI. …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

Petition to increase retirement age of judges turned down by the Supreme Court
11 years, 2 months ago

Petition to increase retirement age of judges turned down by the Supreme Court

Live Law  

A Supreme Court bench headed by Chief Justice P Sathasivam declined to entertain a PIL filed by an advocate R K Kapoor pleading that the superannuation age of judges of trial courts be increased from 60 to 62 years and those in the high courts from 62 to 65 years. The contention of the petitioner that the retirement age of …

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