Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
10 months, 2 weeks ago

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that the period prior to the date of regularisation, wherein the Workman met the requirement of working 240 days, must be factored into the calculation of pension and other retirement benefits. Brief Facts: The period of service rendered by the Petitioner's husband before his regularization under the Government Resolution of 17.10.1988 was not accounted for in the calculation of his pension and other retirement benefits. It referred to the decision of the Supreme Court in Samudabhai Jyotibhai Bhedi vs. Executive Engineer 2017 GLR 2952, where the SC held that the period prior to regularization, during which an employee fulfilled the condition of working 240 days for a minimum of 10 years, must be factored into the calculation of pension and other retirement benefits. The High Court ordered that the period of service prior to 01.04.2009, during which the Petitioner's husband worked 240 days per year, should be counted towards his total service for the purpose of calculating dues.

Benefits Retirement Court Management Pension Service Period Gujarat High Petitioner 240 Days Workman Other Retirement Benefits  service  court  benefits  pension  regularisation  civil  retirement  gujarat  high  prior  period  date  workman  factored

History of this topic

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court
1 week, 1 day ago

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court

Live Law  

The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation. Ganediwala contended that the expression 'retirement' under Sections 14 and 15 of High …

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government
3 weeks, 6 days ago

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government

The Hindu  

Observing that non-regularisation of the service of two daily wage employees, who have been working for the State for the past 32 and 39 years, respectively, will amount to “exploiting human labour”, the High Court of Karnataka has ordered their regularisation from the date when they completed 10 years of service as per the parameters laid down by the apex …

Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court
2 months, 2 weeks ago

Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court

Live Law  

A single judge bench of the Himachal Pradesh High Court comprising of Justice Jyotsna Rewal Dua, held that the direction to count the contractual service for pension requires the inclusion of annual increments for the relevant period in the pension calculation. Findings of the Court The case of Sheela Devi Vs. State of Himachal Pradesh & Ors, was relied upon …

State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court
Trending News
2 months, 2 weeks ago

State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court

Live Law  

The Supreme Court recently overturned the findings of the division bench of the Madhya Pradesh High Court and upheld the observations made by the single judge of the High Court directing pensionary benefits to be granted to a Mason in accordance with the findings of the Labour Court declaring the Appellant as a permanent employee. While dismissing the Article 277 …

State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court
Trending News
2 months, 2 weeks ago

State Cannot Deny Retiral Benefits Citing Its Own Failure In Regularising Employee As Per Judicial Order : Supreme Court

Live Law  

The Supreme Court recently overturned the findings of the division bench of the Madhya Pradesh High Court and upheld the observations made by the single judge of the High Court directing pensionary benefits to be granted to a Mason in accordance with the findings of the Labour Court declaring the Appellant as a permanent employee. While dismissing the Article 277 …

Will Cast 'Financial Burden': Gujarat HC Quashes Order Directing Ahmedabad Municipal Corporation To Retrospectively Regularize Daily Wagers
3 months ago

Will Cast 'Financial Burden': Gujarat HC Quashes Order Directing Ahmedabad Municipal Corporation To Retrospectively Regularize Daily Wagers

Live Law  

In case pertaining to regularization of daily wage employees, the Gujarat High Court highlighted the importance of adhering to policy frameworks to avoid financial constraints and held that Ahmedabad Municipal Corporation cannot be forced to create supernumerary posts with a retrospective date as it would create financial burden and disrupt administrative uniformity. A division bench of Justice AS Supehia and …

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC
3 months, 3 weeks ago

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC

Live Law  

A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules. It was claimed by the petitioners that, as far as the High Court of Himachal Pradesh has laid down in Sheela …

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case
8 months ago

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

Live Law  

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act was misguided. The …

Madras High Court Weekly Round-Up: May 13 - May 19, 2024
10 months ago

Madras High Court Weekly Round-Up: May 13 - May 19, 2024

Live Law  

Citations: 2024 LiveLaw 193 To 2024 LiveLaw 204 NOMINAL INDEX Pipmate Integrated Staff Welfare Association vs. Chief Secretary, Government of Puducherry, 2024 LiveLaw 193 G. Ravichandran vs. Tamil Nadu State Transport Corporation Ltd., 2024 LiveLaw 194 S Kesavan v The Inspector of Police, 2024 LiveLaw 195 A Balaguru v The Director Superintending Archaeologist, 2024 LiveLaw 196 S. Achuthan vs. Secretary …

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024
10 months, 1 week ago

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024

Live Law  

Nominal Index Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr. 2024 LiveLaw 63 Kamlesh Jivanlal Dave and Others v. State of Gujarat and Others 2024 LiveLaw 64 Rajkot Municipal Corporation Versus Rajeshbhai Ramjibhai Purabiya 2024 LiveLaw 65 Judgments/Orders ID Act When Charges Of Serious Nature Are Not Proved And Punishment Is Disproportionate, Labour Court …

Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court
10 months, 2 weeks ago

Workman Entitled To Payment Of Gratuity If He Proves Continuous Service Even After Declaration Of Formal Retirement: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Arindam Mukherjee held that the was entitled to gratuity for his continued service even after the declaration of formal retirement. This decision was accepted by the Workman without challenge, despite the exclusion of gratuity from 18th October 1968-24th June 1978 and 7th July 2006-15th July 2012. On June 9, 2023, the Appellate …

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court
10 months, 2 weeks ago

Upon Attaining Permanency Daily-Wage Workmen Must Be Treated On Equal Footing With Regularly Appointed Workmen: Gujarat High Court

Live Law  

The Gujarat High Court single bench of Justice Nikhil S. Kariel held that in accordance with Section 25B of the Industrial Disputes Act, daily-wage workmen who have completed a specific tenure are entitled to permanency. Observations by the High Court: The High Court referred to the case of State of Gujarat vs PWD and Forest and Employees' Union, where the …

Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court
11 months, 2 weeks ago

Service Provided For Period Of Three Months And Above Shall Be Treated As One Half Year For The Purpose Of Calculating Total Service Period: Himachal Pradesh High Court

Live Law  

A division bench of the Himachal Pradesh High Court comprising of Hon'ble Mr. Justice M.S. vs Chaman Singh, has held that service provided by an employee for the period of three months and above shall be treated as one half year for the purpose of calculating total service period. The appellant contended that the proviso to Rule 18 takes away …

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
11 months, 2 weeks ago

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court

Live Law  

A single judge bench of the Himachal Pradesh High Court comprising of Justice Satyen Vaidya while deciding a Civil Writ Petition in the case of Suneet Singh Jaryal vs State of HP & Anr has held that the state government cannot withhold pensionary benefits for an indefinite period on the pretext of financial constraints. Findings of the Court The court …

'Pension Scheme Must Be Interpreted Widely' : Supreme Court Allows Central Govt Service To Be Included For Pension Of Gujarat Govt Employee
1 year, 1 month ago

'Pension Scheme Must Be Interpreted Widely' : Supreme Court Allows Central Govt Service To Be Included For Pension Of Gujarat Govt Employee

Live Law  

Recently, the Supreme Court, while granting a pension to a government employee under Gujarat Civil Services Rules, 2022, observed that a government servant earns a pension in lieu of tireless service by him/ her. As per it, the qualifying service of a Government employee includes – “services rendered under Central Government/Central Government Autonomous bodies having pension scheme, by a Government …

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
1 year, 1 month ago

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court

Live Law  

The Bombay High Court recently observed that the effect of reduction in pay scale of a state government servant, as a form of punishment, does not extend beyond the period of employment and impact post-retirement benefits. Provisions of Rule 5 would be applicable during the period when an employee is in service and not to the benefits once he retires …

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation
2 years ago

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation

Live Law  

The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation. However, the State passed an order on April 8, 2002 holding that the period from 24 November 1993 to 30 March 2001 would …

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC
2 years, 5 months ago

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC

Live Law  

The Kerala High Court recently observed that as per the provisions of the Railway Services Rules, 1993, a railway servant compulsorily retired from the service as a penalty has no vested right to stake a claim for the entire pension or gratuity, as the quantum of pension and gratuity to be granted is at the absolute discretion of the employer. …

Employees Can't Withdraw From Voluntary Retirement Scheme After Stipulated Deadline Or Acceptance Of Benefits: Gujarat High Court
2 years, 6 months ago

Employees Can't Withdraw From Voluntary Retirement Scheme After Stipulated Deadline Or Acceptance Of Benefits: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated the position of law that once the employees have accepted the benefits under Voluntary Retirement Scheme, it is not open for the employees to challenge the scheme. Findings Perusing these contentions, the High Court explained that once VRS applications were sent and not withdrawn before the deadline of 20th March, the contention of the …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 6 months ago

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court

Live Law  

Upholding Rule 3 of the Tripura State Civil Services Rules, the Supreme Court observed that the financial burden on the State can be a valid ground to fix a cut­ off date for the purpose of payment of revision of pension.The bench comprising Justices MR Shah and BV Nagarathna set aside the judgment passed by Tripura High Court that had …

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court
2 years, 7 months ago

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

Live Law  

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount. The Gujarat …

Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court
2 years, 8 months ago

Suspension Period Cannot Be Treated 'Wholly Unjustified' In Case Of Partial Exoneration: Gujarat High Court

Live Law  

The Gujarat High Court has dismissed the petition filed by an employee seeking that his period of suspension be treated as 'regular' on the ground that the Petitioner had been charge-sheeted and was only partially exonerated from the charges against him. Justice Biren Vaishnav observed: " Only when an employee is partially exonerated, would the authority need to decide the …

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court
2 years, 8 months ago

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court

Live Law  

Finding itself in agreement with other High Courts across the country, the Gujarat High Court has held that the increment earned by an employee for the past period of service cannot be denied merely because the said employee had retired when the increment became payable.Justice Biren Vaishnav concurred with the Delhi High Court that when increment was earned for past. …

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank
2 years, 9 months ago

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank

Live Law  

The Gujarat High Court recently came to the rescue of a retired Branch Manager, accused by the employer-bank of causing it monetary loss by haphazardly sanctioning loans, and ordered the latter to clear the former's retiral dues.Justice Biren Vaishnav observed that the order forfeiting the Respondent-employee's gratuity was an "afterthought" as the same was issued only after the penalty. The …

Employees Eligible For Gratuity For Period Before Their Employment Is Regularised: Karnataka High Court
2 years, 10 months ago

Employees Eligible For Gratuity For Period Before Their Employment Is Regularised: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash an order passed by the Controlling Authority/ Appellate Authority under the Payment of Gratuity Act, 1972, which directed government bodies to pay gratuity amount claimed by former employees from the time they were employed as daily wage earners till their employment was regularised. Second contention is that respondent No.1 were employees within …

Gujarat High Court Directs State To Consider Regularization Of Contractual Employees Working In Coastal Security Since 11 Yrs
3 years ago

Gujarat High Court Directs State To Consider Regularization Of Contractual Employees Working In Coastal Security Since 11 Yrs

Live Law  

The Gujarat High Court has recently directed the State authorities to consider regularizing the services of Petitioner-employees, working on contractual basis on interceptor boats for coastal security in the State's Home Department since over 11 years.The Bench comprising Justice Biren Vaishnav noted that the Petitioners had been recruited, albeit, on a contractual basis, after. The Gujarat High Court has recently …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]
7 years, 11 months ago

After Getting Temporary Status, Casual Worker’s 50% Services Till He Is Regularised Must Be Reckoned For Pension: SC [Read Judgment]

Live Law  

The Supreme Court has set aside an order of Central Administrative Tribunal, which had held that a casual labourer after having been granted temporary status is entitled to reckon 100 per cent period of service with temporary status for pensionary benefit.Allowing the appeal filed by the Union of India, the court held that the casual worker after obtaining temporary status. …

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