Brothers Above 18 Years Of Age Not Eligible For Pensionary Benefits: Madras HC [Read Judgment]
8 years, 3 months ago

Brothers Above 18 Years Of Age Not Eligible For Pensionary Benefits: Madras HC [Read Judgment]

Live Law  

The Madras High Court, in B. Senthil Kumar vs. The District and Sessions Judge, has held that pensionary benefits due to government servants cannot be given to their brothers and step-brothers above the age of 18 years.Senthil Kumar was nominated by his sister as legal heir in respect of the special provident fund, death-cum-retirement gratuity, general provident fund and had. The District and Sessions Judge, has held that pensionary benefits due to government servants cannot be given to their brothers and step-brothers above the age of 18 years. Kumar submitted a representation to the District and Session Judge praying for disbursement of pensionary benefits due to her sister who was a Grade-I Bench Clerk in Tamil Nadu Judicial Ministerial Services, by virtue of nomination and it was returned by stating that in view of Rule 48 of the Tamil Nadu Pension Rules, he cannot be construed as family members and even otherwise he had crossed the age of 18 years. The division bench comprising of Justice M Sathyanarayanan and Justice J Nisha Banu agreed with the submission of the District Judge’s authority that denied Kumar the pensionary benefits of his deceased sister, that as per Sub Rule 5 of Rule 45 of the Tamil Nadu Pension Rules, Kumar could not be considered as a family member unless at the time of nomination he was below the age of 18 years and admittedly that was not the case with Kumar.

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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 …

Madras HC upholds compulsory retirement of district judge
3 weeks, 6 days ago

Madras HC upholds compulsory retirement of district judge

New Indian Express  

CHENNAI: The Madras High Court has refused to revoke an order of the state government and the subsequent notification of the court for compulsorily retiring a district judge who was charged with carrying out murky financial transactions and acquisition of wealth by his family members. A division bench of Justices R Subramanian and G Arul Murugan dismissed the petition filed …

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court
2 months ago

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court

Live Law  

The Madras High Court recently observed that the Indira Gandhi National Old Age Pension Scheme did not contain any specific provision that excluded persons who were being taken care of by their relatives. Thus, Justice GK Ilanthiraiyan ordered benefits to be given to an octogenarian whose application for old age pension was rejected due to the fact that he was …

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 …

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court
10 months, 1 week ago

Unjustified To Recover From Employees Any Excess Payment, In Case Of Inordinate Delay In Initiating The Recovery: Madras High Court

Live Law  

A Single Judge bench of the Madras High Court comprising of Hon'ble Justice Battu Devanand while deciding a Writ Petition in the case of V. Radhakrishnan v. State of Tamil Nadu held that it would be unjustified to recover from employees any excess payment made to them by mistake and where there had been inordinate delay in initiating the recovery. …

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court
1 year, 2 months ago

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court

Live Law  

The Madras High Court recently observed that as per a Government Order issued by the Labour and Employment Department, the family pension of a deceased employee need not be considered while assessing the income of the family while considering an application for compassionate appointment. The court also noted that as per the Government Order, when a person in the family …

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC
3 years, 7 months ago

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC

News 18  

The Delhi High Court has set aside a Central government order which stated that a widowed or divorced daughter of a deceased freedom fighter was not eligible for dependent pension under its Swatantrata Sainik Samman Pension Scheme. Justice V Kameswar Rao, who was hearing a challenge to the order filed by a widowed daughter of a deceased freedom fighter, asked …

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 …

Pension to freedom fighters not charity but honour conferred on them: Madras HC
6 years, 8 months ago

Pension to freedom fighters not charity but honour conferred on them: Madras HC

Deccan Chronicle  

Madurai: Coming down hard on the centre for rejecting a freedom fighter's pension application on "hyper technical" grounds, the Madras High Court on Friday ordered that the benefits be extended to his legal heirs since he had passed away. Stating that grant of pension to freedom fighters was not charity, but an honour conferred on them, the court said the …

Madras HC Puts Interim Injunction On Penalty On Non-Maintenance Of Min Balance In Old-Age Pension Accounts [Read Order]
7 years, 4 months ago

Madras HC Puts Interim Injunction On Penalty On Non-Maintenance Of Min Balance In Old-Age Pension Accounts [Read Order]

Live Law  

The Madras High Court has put interim injunction on levy of penalty for non-maintenance of minimum balance in pension accounts.The Madurai bench of Madras High Court granted the interim injunction on a petition filed by advocate S Louis seeking exemption of old-age pension accounts from such penalty.Advocate S Louis sought a direction against application of minimum balance criteria to. The …

Bombay HC Slams M’rashtra Govt For Not Paying Pension, Arrears To Retd Judicial Officials [Read Order]
8 years, 4 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, 4 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 …

Madras High Court slams ‘Heartless’ EPF officials [Read Order]
8 years, 8 months ago

Madras High Court slams ‘Heartless’ EPF officials [Read Order]

Live Law  

The heartless officers of the Employees Provident Fund Organization, which organization has been established for taking care of the welfare and well being of the workforce and their dependents, has not acted with the spirit with which they are expected to act, the Bench said.A Division Bench of Madras High Court, terming some officers of Employees Provident Fund Organization as. …

Madras High Court slams ‘Heartless’ EPF officials [Read Order]
8 years, 8 months ago

Madras High Court slams ‘Heartless’ EPF officials [Read Order]

Live Law  

The heartless officers of the Employees Provident Fund Organization, which organization has been established for taking care of the welfare and well being of the workforce and their dependents, has not acted with the spirit with which they are expected to act, the Bench said.A Division Bench of Madras High Court, terming some officers of Employees Provident Fund Organization as. …

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]
9 years, 8 months ago

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]

Live Law  

Justice D. Hariparanthaman of the Madras High Court has granted pension rights to the second wife of a deceased police official, setting aside the order of the Principal Accountant General.The Court held that even if the couple was not validly married, they had been living together since 1976. Justice D. Hariparanthaman of the Madras High Court has granted pension rights …

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]
9 years, 8 months ago

Madras High Court rules that Second Wife has a legal right to pension [Read Judgment]

Live Law  

Justice D. Hariparanthaman of the Madras High Court has granted pension rights to the second wife of a deceased police official, setting aside the order of the Principal Accountant General.The Court held that even if the couple was not validly married, they had been living together since 1976. Justice D. Hariparanthaman of the Madras High Court has granted pension rights …

Retirement Age Raise: Panacea for Pendency ?
11 years, 3 months ago

Retirement Age Raise: Panacea for Pendency ?

Live Law  

Recently an advocate in person filed a Writ Petition before the Supreme Court of India, which came for hearing on 7th Oct 2013. of Pending Cases Admissionmatters Regular HearingMatters 1/11/2013 65,893* 36,399 28,532 1/10/2013 66,602 36,508 30,095 1/09/2013 67,243 37,324 29,919 1/08/2013 67,964 38,438 29,526 1/07/2013 69,446 40,279 29,167 1/06/2013 67,787 38,679 29,108 1/05/2013 67,275 38,099 29,176 1/04/2013 67,320 38,005 …

Madras HC dismissed petition to enhance HC and SC judges' retirement age
11 years, 5 months ago

Madras HC dismissed petition to enhance HC and SC judges' retirement age

Firstpost  

The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. Chennai: The Madras High Court has dismissed a petition which sought a direction to the Centre to enhance the retirement age for judges in High Courts and the Supreme Court. The …

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