Bombay HC reserves order on petition of MHADA workers urging pension
11 years ago

Bombay HC reserves order on petition of MHADA workers urging pension

India TV News  

Mumbai: The Bombay High Court yesterday reserved order on a petition filed by employees of Maharashtra Housing and Area Development Authority seeking pension on superannuation but the state said it will not sanction such a benefit. The order was reserved by a bench headed by Justice V M Kanade which indicated that it might give a judgement tomorrow.The employees pleaded that MHADA had already passed a resolution deciding to grant pensionary benefits to the workers who had joined after November 1, 2005.However, the state had not granted approval to this proposal of MHADA. The employees also demanded pension on the ground that the state had adopted Civil Service Rules which provides for payment of montly pension on superannuation.Advocate General Darius Khambata today argued it is not a legal right of the employees to get pension. Whether to give pension or not is a matter of policy decision for the state.

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History of this topic

'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 …

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court
1 year, 4 months ago

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

Live Law  

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was. Justice …

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 …

Calcutta HC Issues Contempt Notice To State Chief Secretary & Other Authorities For Non-Compliance With Order On Pension Scheme Implementation
2 years, 10 months ago

Calcutta HC Issues Contempt Notice To State Chief Secretary & Other Authorities For Non-Compliance With Order On Pension Scheme Implementation

Live Law  

The Calcutta High Court on Friday issued notices to the Chief Secretary, Principal Secretary of the Transport Department and the Principal Secretary of the Finance Department of the Government of West Bengal in a petition seeking initiation of civil contempt in a matter pertaining to the implementation of a Pension Scheme for employees of the South Bengal State Transport Corporation. …

Plea Of Lack Of Funds Not Legally Tenable In Matters Of Payment Of Pension & Other Post Retirement Benefits: Gauhati HC [Read Order]
4 years, 9 months ago

Plea Of Lack Of Funds Not Legally Tenable In Matters Of Payment Of Pension & Other Post Retirement Benefits: Gauhati HC [Read Order]

Live Law  

In a significant ruling, the Gauhati High Court has held that the right to receive post retirement benefits is sacrosanct and the same cannot be denied merely because of lack of funds. The bench of Justice Sanjay Kumar Medhi has held, "the plea of lack of funds though may be correct, the same is not legally tenable inasmuch as pension …

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 …

Financial Difficulty Not A Ground To Restrain The Pension Benefits Of Retired Employee: Punjab and Haryana HC [Read Judgment]
5 years, 9 months ago

Financial Difficulty Not A Ground To Restrain The Pension Benefits Of Retired Employee: Punjab and Haryana HC [Read Judgment]

Live Law  

The employer's financial instability is not a valid ground to suppress the pension benefits of a retired employee as the pension is the only source of livelihood for a pensioner to live a dignified life after retirement held by Punjab and Haryana High Court. The petitioner who served as Inspector in Municipal Council, Abohar has raised contention that she retired …

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 …

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 5 months ago

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]

Live Law  

Warning against any further delay in the matter, the bench declared that it would direct the State to deprive the officials with the responsibility of payment would be deprived of their pensions and arrears of two years in case action wasn’t taken immediately. The Bombay High Court has come down heavily upon the State of Maharashtra for non-payment of pension …

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 5 months ago

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]

Live Law  

Warning against any further delay in the matter, the bench declared that it would direct the State to deprive the officials with the responsibility of payment would be deprived of their pensions and arrears of two years in case action wasn’t taken immediately. The Bombay High Court has come down heavily upon the State of Maharashtra for non-payment of pension …

‘Pension cannot be denied without authority by law’
11 years, 6 months ago

‘Pension cannot be denied without authority by law’

Hindustan Times  

Treating a citizen's right to receive pension and gratuity as right to property, the Supreme Court has ruled that no government employee can be deprived of this right even if departmental or criminal proceedings are pending against him. "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A …

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