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 at the age of superannuation and entitled for the retirement benefits which was delayed by the respondents without any valid justification and paid incomplete pension without gratuity and leave encashment after five years of her retirement. The High Court observed that the Division Bench has already laid down the precedent in Ram Karan v. Managing Director, Pepsu Road Transport Corporation and another that financial instability is not a valid argument to derail the life of a retired employee as the pension is the only source of living which he/she is entitled to live a dignified life. In this case the financial uncertainty is the main ground in violation of the fundamental right of the petitioner and on this issue Supreme Court in cases like Municipal Council, Ratlam, 4 S.C.C.

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History of this topic

'Neither Judicial Officer Nor His Family Were Treated With Dignity After Death: P&H HC Imposes Costs On Its Admin For Delay In Issuing Pension
2 weeks, 1 day ago

'Neither Judicial Officer Nor His Family Were Treated With Dignity After Death: P&H HC Imposes Costs On Its Admin For Delay In Issuing Pension

Live Law  

Observing that "neither the judicial officer nor his family after his death were treated with dignity and grace," the Punjab & Haryana High Court imposed a cost of Rs.25,000 on its administrative side and the State for the delay in releasing the pension and other retiral dues to the widow of a former civil judge. Chief Justice Sheel Nagu and …

Employee entitled for interest if retiral dues paid beyond two months: HC
1 month, 2 weeks ago

Employee entitled for interest if retiral dues paid beyond two months: HC

Hindustan Times  

The Punjab and Haryana high court has held that if retiral dues of an employee is released beyond two months from the date of retirement, the employee is entitled for interest on the same. The high court bench of justice Jagmohan Bansal said that petitioner in question is entitled to interest at the rate of 6% per annum on delayed …

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court
2 months, 1 week 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 …

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 …

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

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

Live Law  

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 …

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
11 months, 3 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 …

Blatant Violation: Karnataka HC Directs Payment Of Benefits To Retd Govt Employee Who Was Denied Pension Without Inquiry, Imposes ₹1 Lakh Cost
1 year ago

Blatant Violation: Karnataka HC Directs Payment Of Benefits To Retd Govt Employee Who Was Denied Pension Without Inquiry, Imposes ₹1 Lakh Cost

Live Law  

The Karnataka High Court has come to the aid of a former employee of Hubli Electricity Supply Company Limited on whom the company imposed a huge recovery of Rs 86,52,163 and even 11 years after superannuation, denied him a pension and other terminal benefits. It is not paid on account of recoveries against the petitioner all of which have been …

'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 …

High Court Asks Punjab Irrigation Dept To Release Pensionary Benefits To Widow In 3 Weeks Or Face Stay On Disbursal Of Salaries Of IAS Officers
1 year, 9 months ago

High Court Asks Punjab Irrigation Dept To Release Pensionary Benefits To Widow In 3 Weeks Or Face Stay On Disbursal Of Salaries Of IAS Officers

Live Law  

The Punjab and Haryana High Court has directed the Punjab Irrigation department to release the pensionary benefits to a widow, whose husband has been missing for nearly three decades, within three weeks or there will be a stay on disbursal of the salaries of all the IAS officers posted in the department.“On completion of the said formalities, the required amount …

Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura
1 year, 10 months ago

Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura

Live Law  

The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.A bench comprising Justices Dinesh Maheshwari and Ahsanuddin Amanullah found fault with the High Court for issuing a mandamus to the State Government to change its policy regarding the …

Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears
2 years ago

Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears

Live Law  

On 07.02.2023, noting that some States Government have not complied with its earlier decision regarding enhancement of pension, to the extent they have defaulted in depositing pension arrears due to judicial officers, it had asked the respective Chief Secretaries of the concerned States to remain present in court if the affidavits were not submitted by 24.02.2023. A Bench comprising Justice …

Supreme Court upholds notification amending employees pension scheme as ‘legal and valid’
2 years, 4 months ago

Supreme Court upholds notification amending employees pension scheme as ‘legal and valid’

The Hindu  

The Supreme Court on Friday upheld the Employees’ Pension Scheme, 2014 as “legal and valid” while reading down certain provisions of the scheme concerning current members. Lalit came in an appeal filed by the Employees Provident Fund Organisation challenging decisions of the Kerala, Rajasthan and Delhi High Courts quashing the 2014 amendments on “determination of pensionable salary” under the Employees …

Pension Continuous Cause of Action, Says SC, Sets Aside HC Verdict Denying Arrears
2 years, 9 months ago

Pension Continuous Cause of Action, Says SC, Sets Aside HC Verdict Denying Arrears

News 18  

Pension is a continuous cause of action, the Supreme Court has said while setting aside the Bombay High Court verdict to the extent of denying any arrears of pension despite holding that the petitioners before it were wrongly retired at the age of 58 instead of 60 years. The apex court noted though the high court had held that the …

Entitlement Of Employee To Salary/ Pension Is Intrinsic Part Of His Rights To Life & Property Under Articles 21 & 300A: Orissa High Court
2 years, 9 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 …

Jurisdiction Of Senior Citizens Maintenance Tribunal Can't Be Invoked When Complainant Woman Is Aged Below 58 Yrs: Punjab & Haryana High Court
2 years, 10 months ago

Jurisdiction Of Senior Citizens Maintenance Tribunal Can't Be Invoked When Complainant Woman Is Aged Below 58 Yrs: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a challenge to the order of the Additional District Magistrate passed in response to a maintenance petition filed by a woman claiming to be a senior citizen under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, held that the Maintenance Tribunal could not have invoked its jurisdiction for the …

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 …

'State Of Punjab Has To Put Its House In Order': Punjab & Haryana HC As Govt Fails To Release Pensionary Benefits To Dependents Of Ex-Employee
4 years, 2 months ago

'State Of Punjab Has To Put Its House In Order': Punjab & Haryana HC As Govt Fails To Release Pensionary Benefits To Dependents Of Ex-Employee

Live Law  

The Punjab and Haryana High Court recently pulled up the State Government for its callous attitude and indifference for failing to release the funds that the family members of a deceased government employee are rightfully entitled to. A single bench comprising Justice Anil Kshetarpal remarked, "It is unfortunate that the dependents/heirs of an Ex-employee, who died in harness, are being …

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 …

Supreme Court strikes down Manipur government memo classifying pensioners
5 years, 8 months ago

Supreme Court strikes down Manipur government memo classifying pensioners

India TV News  

The Supreme Court on Saturday struck down a Manipur government memorandum that classified pensioners into two classes based on their year of retirement and granted more benefits to those who retired after 1996. A bench of Justices M.R.Shah and A.S.Bopanna restored a single-judge bench order of the Manipur High Court that held that all pensioners, irrespective of their date of …

Right To Retire Can’t Be Superior To Right To Life, SC Upholds UP Govt Decision Denying Voluntary Retirement To Doctors [Read Judgment]
6 years, 7 months ago

Right To Retire Can’t Be Superior To Right To Life, SC Upholds UP Govt Decision Denying Voluntary Retirement To Doctors [Read Judgment]

Live Law  

‘In case all the doctors are permitted to retire, in that situation, there would be a chaos and no doctor would be left in the Government hospitals, which would be against the concept of the welfare state and injurious to public interest.’The Supreme Court has held that denial of voluntary retirement is permissible under the rules applicable in the State …

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling
7 years, 7 months ago

Can Pensioners Be Divided Into Arbitrary Categories To Deny Rightful Pension, SC Set To Give A Ruling

Live Law  

The Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit, on August 1 concluded hearing the arguments and reserved its judgment in the case of United Bank of India v United Bank of India Retirees Welfare Association & Others. The appellant bank adopted this circular, although the RBI extended the benefit of 100 per cent dearness relief …

Supreme Court notice on pension to former legislators
8 years ago

Supreme Court notice on pension to former legislators

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday issued notices to the Centre, Secretaries of Lok Sabha and Rajya Sabha, Election Commission and Attorney General on a petition filed by NGO, Lok Prahari, challenging pension and allowances given to former legislators. A Bench headed by Justice J. Chelameswar issued notice on the appeal against a judgment of the Allahabad High Court …

Bombay HC Rules Agaisnt Bank Of Baroda, Grants Relief To Pensioner [Read Judgment]
8 years, 3 months ago

Bombay HC Rules Agaisnt Bank Of Baroda, Grants Relief To Pensioner [Read Judgment]

Live Law  

The Bombay High Court recently directed the Bank of Baroda to grant pension to its former employee who served them for 39 years with a retrospective effect of five years along with 9% interest.A division bench of Justice Anoop Mohta and Justice G S Kulkarni also directed the Bank to pay 70 years old Ramesh Gajanan Nigudkar Rs. The Bombay …

Is Punjab on brink of fiscal emergency: HC
8 years, 9 months ago

Is Punjab on brink of fiscal emergency: HC

Hindustan Times  

Punjab government has created an alarming situation by failing to release pension and post-retirement dues without any legal justification for months and years together, leading to a barrage of “cancerous litigation”, justice Rajiv Narain Raina of the Punjab and Haryana high court has said. Asking the government to stem the rot by resorting to extraordinary measures, the court, in a …

Non-payment of pension constitutes a continuing wrong: Allahabad HC (DB) [Read Judgment]
9 years ago

Non-payment of pension constitutes a continuing wrong: Allahabad HC (DB) [Read Judgment]

Live Law  

The Allahabad High Court has held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim.Division Bench comprising of Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Yashwant Varma set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches. The Allahabad High Court has …

Non-payment of pension constitutes a continuing wrong: Allahabad HC (DB) [Read Judgment]
9 years ago

Non-payment of pension constitutes a continuing wrong: Allahabad HC (DB) [Read Judgment]

Live Law  

The Allahabad High Court has held that non-payment of pension constitutes a continuing wrong, and delay and laches or limitation will not thwart the claim.Division Bench comprising of Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Yashwant Varma set aside the order of Single Bench which had dismissed the Writ petition on the ground of latches. The Allahabad High Court has …

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 …

‘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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