Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC
4 months 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 Devi v. State of Himachal Pradesh, such service must be counted for pension under the Central Civil Services Pension Rules, 1972, and for annual increments also. In the case of Jagdish Chand vs. State of Himachal Pradesh & Ors alongwith connected matters, it was held by the court that all such contractual service rendered by the petitioners as Junior Basic Trained Teachers shall be counted as qualifying service for the purpose of pension under CCS Pension Rules 1972 in addition to annual increments. It was held by the court that the petitioners are entitled for counting of the contractual services rendered by them prior to their regularization, as qualifying service for the purpose of pension under the CCS Pension Rules 1972 and also for grant of annual increments.

Court Services Pension Pensionary Benefits Service Contractual Rules State Annual Pradesh Himachal Pradesh Himachal Petitioners Himachal Pradesh High Court Regularization Contractual Basis Increments Ccs Pension Rules Qualifying Service Contractual Service  himachal  state  regularization  service  court  petitioners  pension  prior  hc  increments  services  rules  annual  qualifies  contractual  pradesh

History of this topic

Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions
1 month ago

Orissa HC Recommends Imposing Restrictions On Voluntary Retirement Of Govt Doctors, Issues Directions For Better Working Conditions

Live Law  

The Orissa High Court has suggested the Department of Health and Family Welfare, Government of Odisha to bring in necessary amendments to the Odisha Civil Services Rules, 1992 so as to put a bar on large-scale exit of government doctors through the voluntary retirement scheme. Expressing deep concern over huge exodus of government physicians, the Single Bench of Dr. Justice …

Karnataka High Court expresses concern over ‘exploitation of human labour’ by State government
1 month, 1 week 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, 3 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 …

Staff who retired on completion of year entitled to increment: HC to Haryana government
8 months, 2 weeks ago

Staff who retired on completion of year entitled to increment: HC to Haryana government

Hindustan Times  

The Punjab and Haryana high court has held that one annual increment would be earned to an employee on the last day of his service for the services rendered by him in the preceding year from the date of retirement with good behaviour and efficiency. Directing the Haryana government to revise their retiral benefits and pensions accordingly, the HC said …

Period Prior To Regularisation Date Should be Factored Into Calculation Of Pension And Other Retirement Benefits: Gujarat High Court
10 months, 3 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 …

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, 3 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, 4 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 …

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers
1 year, 6 months ago

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

Live Law  

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees. Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it can significantly impact …

Pension A Beneficial Provision For Employees, Restrictive Interpretation Undermines Its Purpose: Himachal Pradesh High Court
1 year, 7 months ago

Pension A Beneficial Provision For Employees, Restrictive Interpretation Undermines Its Purpose: Himachal Pradesh High Court

Live Law  

Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court has recently emphasised that any restrictive interpretation of pension rules would undermine its purpose. The question that fell for adjudication before the bench was whether the petitioner could avail the benefits of a notification dated June 12, 2018, that reinstated the entitlement to …

Pension | Past Service As Contractual Employee To Be Taken Into Account For Pension: Supreme Court
1 year, 7 months ago

Pension | Past Service As Contractual Employee To Be Taken Into Account For Pension: Supreme Court

Live Law  

The Supreme Court recently held that for the purposes of pension, past service as a contractual employee is to be taken into account. The Supreme Court bench comprising Justices S. Ravindra Bhat and Justice Aravind Kumar was hearing an appeal filed by the State of Himachal Pradesh against a High Court decision which directed the state to grant the employees …

Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court
1 year, 11 months ago

Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court

Live Law  

The Himachal Pradesh High Court on Wednesday ruled that a regular government employee's qualifying service starts from the day he takes charge of their first post, whether it's temporary, officiating or substantive, in terms of the Rule 13 of the Civil Service and Pension Rules 1972. The petitioner superannuated on December 31st 2020, and till then, no decision was taken …

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws
2 years, 6 months ago

Supreme Court Half Yearly Digest (Jan - Jun) Administrative, Labour & Service Laws

Live Law  

Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC judgment regarding a Statutory authority - Allowed - Even if the High Court found that the impugned actions of the authorities concerned, particularly of the appellant, had not been strictly in conformity with law or were irregular or were illegal or even perverse, such findings, by themselves, were …

Pension - Whether Classification Of Pensioners Based On Cut-Off Date Violates Article 14? Supreme Court Refers To Larger Bench
3 years, 1 month ago

Pension - Whether Classification Of Pensioners Based On Cut-Off Date Violates Article 14? Supreme Court Refers To Larger Bench

Live Law  

The issue as to whether pension seeking to make any distinction between categories based on a cut-off date is violative to Article 14 of the Constitution of India or not has been referred to a larger bench. The matter was referred to by the bench of Justices SK Kaul and MM Sundresh while considering a SLP assailing Himachal Pradesh High …

An Employee Who Retired On 31st Of A Month Not Entitled To Increment Which Would Have Fallen Due On 1st Of Next Month: Himachal Pradesh High Court
4 years, 4 months ago

An Employee Who Retired On 31st Of A Month Not Entitled To Increment Which Would Have Fallen Due On 1st Of Next Month: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that an employee, who has retired on the 31st of a month, cannot claim the benefit of an increment which became due on the 1st of the next month, as on that day, his status is not that of an employee but of a pensioner. In a writ petition filed by a Senior …

Equal Pension for Bar Judges and Service Judges; Provision for fixing higher pension to the Service Judges is Unconstitutional; SC [Read Judgment]
11 years ago

Equal Pension for Bar Judges and Service Judges; Provision for fixing higher pension to the Service Judges is Unconstitutional; SC [Read Judgment]

Live Law  

Supreme Court on Monday held that fixation of higher pension to the Judges drawn from the Subordinate Judiciary who have served for shorter period in contradistinction to Judges drawn from the Bar who have served for longer period with less pension is highly discriminatory and breach of Article 14 of the ConstitutionA three Judge Bench of apex court comprising of …

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