Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
10 months, 3 weeks ago

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

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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 moreso because “increment of pay” used in the said Rule would be during the tenure of one's employment and not post retirement.” The petitioner challenged an order dated October 10, 2022, by the Maharashtra Administrative Tribunal, which dismissed his Original Application. The punishment order, the court noted, lacked specific directions on whether the Petitioner would earn increments during the reduction period or the effect of this reduction on future increments post the specified punishment period. The court highlighted that the reduced pay scale should only impact the employee during the punishment period, specifically during the service tenure, and not extend to post-service benefits like pension.

High Court Court Pension Punishment Pay Order State Period Rule Petitioner His Pension Reduction Pay Scale Nirmale  pay  services  reduction  maharashtra  impact  court  order  rule  51v  punishment  penalty  scale  period  pension  state  rules  postretirement

History of this topic

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court
5 days, 8 hours ago

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court

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Sikkim High Court: A single judge bench of Justice Bhaskar Raj Pradhan quashed a government order withdrawing retirement benefits of a dismissed government officer. Rule 10 grants the Governor powers to revise the penalties imposed on a government servant, subject to consultation with the Sikkim Public Service Commission when necessary. The government's counsel, led by Mr. Zangpo Sherpa, Additional Advocate …

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court
1 month, 2 weeks ago

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

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Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's decision, ruling that delays in disbursing benefits were justified due to pending vigilance proceedings. Court's Reasoning The court upheld the …

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court
1 month, 2 weeks ago

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Live Law  

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's decision, ruling that delays in disbursing benefits were justified due to pending vigilance proceedings. Court's Reasoning The court upheld the …

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench
1 month, 2 weeks ago

Whether Pension Can Be Attached In Execution Of Maintenance Order Granted To Wife? Punjab & Haryana High Court Refers To Larger Bench

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The Punjab & Haryana High Court has referred the question to larger bench on whether pension of the judgement-debtor in execution proceedings arising from maintenance order can be attached.Justice Harpreet Singh Brar explained that neither the maintenance allowance granted to the wife or minor children can be considered to be a 'debt' nor the wife or minor children can be …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
4 months, 4 weeks ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

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The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

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

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

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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 …

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court
1 year, 9 months ago

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

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A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. Judgement: Justice Sinha, while pointing out the main thrust of …

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

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

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

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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, …

Pensionary Benefits | Employee Who Is Removed From Service For Misconduct Not At Par With Those Who Retire On Superannuation: J&K&L High Court
2 years, 3 months ago

Pensionary Benefits | Employee Who Is Removed From Service For Misconduct Not At Par With Those Who Retire On Superannuation: J&K&L High Court

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The Jammu and Kashmir and Ladakh High Court recently observed that an employee who is removed from service for misconduct is not at par with those who retire on superannuation. The observation was made by Justice Sanjeev Kumar while dismissing the pension claim made by a former employee of the J&K Grameen Bank, who was removed from service in 2011. …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 4 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 …

S.3(1)(p) SC/ST Act Can't Be Used As A Tool For 'Arm Twisting' After Accepting Pensionary Benefits: Karnataka High Court
2 years, 4 months ago

S.3(1)(p) SC/ST Act Can't Be Used As A Tool For 'Arm Twisting' After Accepting Pensionary Benefits: Karnataka High Court

Live Law  

The Karnataka High Court has held that the disciplinary proceedings instituted against a bank employee, who happens to be a member of the Scheduled Caste community and is accused of committing irregularities, cannot be challenged under Section 3 of the SC/ST Act, after such employee has accepted the penalty and has received the pension. Section 3 directs that a false, …

Entitlement Of Employee To Salary/ Pension Is Intrinsic Part Of His Rights To Life & Property Under Articles 21 & 300A: Orissa High Court
2 years, 6 months ago

Entitlement Of Employee To Salary/ Pension Is Intrinsic Part Of His Rights To Life & Property Under Articles 21 & 300A: Orissa High Court

Live Law  

The Orissa High Court has held that entitlement of an employee or an ex-employee to his salary or pension, as the case may be, is an intrinsic part of his right to life under Article 21 and right to property under Article 300A of the Constitution. Since, the petitioner rendered his services till superannuation as a government servant, his entitlement …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 7 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, …

State Can Withhold DCRG Benefits Of Convicted Employee Despite Pendency Of Criminal Appeal: Supreme Court Sets Aside Kerala HC Full Bench Judgment
2 years, 9 months ago

State Can Withhold DCRG Benefits Of Convicted Employee Despite Pendency Of Criminal Appeal: Supreme Court Sets Aside Kerala HC Full Bench Judgment

Live Law  

The Supreme Court has held that pendency of the appeal by a convicted employee cannot disentitle the State from withholding the his Death-cum Retirement Gratuity.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh set aside the judgment of a Full bench of Kerala High Court which held that the recovery under Rule 3 of the Kerala Service Rules could …

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