‘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 of the Constitution of India," the bench said, faulting the Jharkhand government's decision to withhold dues of its retired employee facing corruption case. SC decried Jharkhand's act to deny pension and gratuity to its retired employee Jitendra Kumar Srivastava on the basis of an executive order. HC had on October 31, 2007 held that the Bihar Pension Rules didn't empower the government to withhold gratuity, pension and leave encashment at any stage either prior to or after conclusion of departmental proceedings. HC gave its order on Srivastava's petition who had retired from the post of Artificial Insemination Officer, Ranchi in 2002, seeking release of part of his pension and other dues.

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History of this topic

Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court
1 month ago

Odisha Pension Rules | Job Contractors Not Entitled To Pension For Pre-Regularisation Period Unlike Work-Charged Employees : Supreme Court

Live Law  

The Supreme Court has held that 'work-charged employees' are distinct from 'job contractors' when it comes to pensionary entitlements under the Odisha Pension Rules 1992. Before the Supreme Court, the State of Odisha, citing Sub-Rule 6 of Rule 18 of the Odisha Pension Rules, 1992, argued that only a specific portion of an employee's service as a Job Contractor which …

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC
1 month, 2 weeks ago

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

Live Law  

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services Rules, 1976A single judge …

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC
1 month, 3 weeks ago

Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC

Live Law  

The Kerala High Court held that an employee cannot make a representation that his legally wedded wife or other dependents are not entitled to claim the family pension. “Family pension unlike the other pensionary benefits like provident fund, gratuity etc could not be a subject matter of testamentary disposition by the employee during his lifetime. The High Court affirmed the …

Disability Attributable To Service, Authorities Cannot Contradict Medical Proof, Delhi High Court Grants Disability Pension
2 months, 1 week ago

Disability Attributable To Service, Authorities Cannot Contradict Medical Proof, Delhi High Court Grants Disability Pension

Live Law  

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition of the Petitioner seeking disability pension held that in absence of reasons as to how the disability arose, it could be presumed that in cases where the personnel while being appointed to the post was declared fit, the disability having arisen …

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction
3 months, 3 weeks ago

Patna High Court Upholds Reinstatement Of Employee, Rules Compulsory Retirement Must Be Based On Subjective Satisfaction

Live Law  

The Patna High Court recently upheld the reinstatement of a Class-III employee posted in the Governor's Secretariat, Bihar who was made to compulsorily retire from the services in the midst of the departmental proceedings pending against him. Affirming the Single Bench's decision, the Division Bench comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy observed that it would be …

Karnataka HC questions state govt over withholding civic staffer’s pension
3 months, 3 weeks ago

Karnataka HC questions state govt over withholding civic staffer’s pension

New Indian Express  

BENGALURU: Questioning the State Government for withholding the pension and all terminal benefits to be paid to a 72-year-old employee of a Directorate of Municipal Administration till now, though he retired in 2012, the Karnataka High Court directed the state government to pay him all benefits with interest and cost. Imposing cost of Rs 50,000 on the state government to …

SICs not entitled to pension, says Odisha HC
4 months ago

SICs not entitled to pension, says Odisha HC

New Indian Express  

CUTTACK: The Orissa High Court has held that the state information commissioners are not entitled to pension. The court said, “In the absence of any rule that explicitly recognises the entitlement of state information commissioners to receive pension, there can be no legal right for them to claim such benefits.” The ruling came in the case of former information commissioner …

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court
4 months, 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 …

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court
4 months, 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 …

Ex-employees of Keltron allege denial of benefits
11 months ago

Ex-employees of Keltron allege denial of benefits

New Indian Express  

THIRUVANANTHAPURAM: Retired employees of Keltron have alleged that the company failed to provide gratuity to them as mandated by a Kerala High Court order. Employees who retired between April 1, 2012 and November 31, 2018 were eligible for the benefits as per the court order, as revisions made during their tenure were not considered while paying gratuity. The complaint is …

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
11 months, 2 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 …

'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 …

Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
1 year, 1 month ago

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

Live Law  

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 …

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 …

Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority
1 year, 11 months ago

Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority

Live Law  

Dismissing a plea of the employees of Bihar Industrial Area Development Authority for grant of pension, the Patna High Court said that notwithstanding the fact that under the BIADA Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, by no …

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 …

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 …

Old Pension Scheme Not HP Election Jumla, Already Implemented in Ch'garh & Rajasthan: Priyanka Gandhi
2 years, 4 months ago

Old Pension Scheme Not HP Election Jumla, Already Implemented in Ch'garh & Rajasthan: Priyanka Gandhi

News 18  

Congress leader Priyanka Gandhi Vadra on Thursday said promising return of old pension scheme by her party was not an election “jumla” as she accused the BJP of questioning the financial viability of the move while waiving loans of big industrialists. When the first cabinet meeting takes place of a Congress government in Himachal Pradesh, one lakh jobs would be …

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 …

EPF PENSION CASE-Supreme Court's Crucial Judgement TODAY-LIVE UPDATES
2 years, 4 months ago

EPF PENSION CASE-Supreme Court's Crucial Judgement TODAY-LIVE UPDATES

Live Law  

The Supreme Court will pronounce TODAY the Judgement in appeals filed by the Employees Provident Fund Organization and the Union Government challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension Scheme, 2014.A bench comprising Chief Justice of India Uday Umesh Lalit, Justices Aniruddha Bose and Sudhanshu DhuliaThe Kerala. The Supreme Court will pronounce TODAY …

EPF PENSION CASE-Supreme Court's Crucial Judgement TODAY-LIVE UPDATES
2 years, 4 months ago

EPF PENSION CASE-Supreme Court's Crucial Judgement TODAY-LIVE UPDATES

Live Law  

The Supreme Court will pronounce TODAY the Judgement in appeals filed by the Employees Provident Fund Organization and the Union Government challenging the Kerala, Rajasthan and Delhi High Court judgments which had quashed the Employee's Pension Scheme, 2014.A bench comprising Chief Justice of India Uday Umesh Lalit, Justices Aniruddha Bose and Sudhanshu DhuliaThe Kerala. The Supreme Court will pronounce TODAY …

No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High Court
2 years, 5 months ago

No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that the power to compulsorily retire a government servant in terms of service rules is absolute, provided the authority concerned forms a bona fide opinion that compulsory retirement is in public interest. Elaborating on the law on the subject, the bench observed that the power to retire compulsory a …

Railway Service Rules | Employee Compulsorily Retired From Service As Penalty Has No Vested Right To Claim Entire Pension Or Gratuity: Kerala HC
2 years, 5 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. …

Speaker Can't Deny Pension & Other Benefits To MLAs While Disqualifying Them Under 10th Schedule : Supreme Court
2 years, 5 months ago

Speaker Can't Deny Pension & Other Benefits To MLAs While Disqualifying Them Under 10th Schedule : Supreme Court

Live Law  

The Supreme Court of India on Wednesday held that under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and other benefits available to a former MLA while deciding a disqualification plea against him. The Chief Justice of India UU Lalit, Justices Ravindra Bhat and JB Pardiwala was considering a …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

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

Live Law  

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, 6 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

Live Law  

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. …

Pension & Other Retiral Benefit Rules Have To Be Interpreted Liberally: Meghalaya High Court
2 years, 6 months ago

Pension & Other Retiral Benefit Rules Have To Be Interpreted Liberally: Meghalaya High Court

Live Law  

The Meghalaya High Court recently observed that rules with regard to pension and other retiral benefits are beneficial in nature and have to be interpreted liberally. The only grievance in the instant writ petition is that the retirement dues under the Meghalaya Death Cum Retirement Gratuity Rules, 1985 has not been released to the petitioner. Counsel for Petitioner submitted that …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 7 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 …

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court
2 years, 7 months ago

Pension Is Deferred Salary, Right To Pension A Constitutional Right: Kerala High Court

Live Law  

The Kerala High Court recently held that the right to pension is a constitutional right and that pensions cannot be paid to retired employees merely at the whims and fancies of the employers. Justice V.G Arun observed that pension is deferred salary and the right to the same is akin to the right to property under Article 300A of the …

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court
2 years, 8 months ago

Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat High Court

Live Law  

Finding itself in agreement with other High Courts across the country, the Gujarat High Court has held that the increment earned by an employee for the past period of service cannot be denied merely because the said employee had retired when the increment became payable.Justice Biren Vaishnav concurred with the Delhi High Court that when increment was earned for past. …

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 …

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court
2 years, 10 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
3 years 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 …

Employee Can Claim Gratuity "Either" Under 1972 Act Or The Bank Regulations, Not Under Both Statutes : Rajasthan HC
3 years, 1 month ago

Employee Can Claim Gratuity "Either" Under 1972 Act Or The Bank Regulations, Not Under Both Statutes : Rajasthan HC

Live Law  

The Rajasthan High Court has observed that an employee must receive gratuity, either under the Payment Of Gratuity Act 1972 or under the Regulations framed by the bank, whichever is more beneficial. The employee, therefore, can claim gratuity either under the Act of 1972 or under the regulations framed by the bank, but cannot claim the benefit under both the …

Uttarakhand High Court Directs States To Grant Extraordinary Pension To Widow Of Police Officer Who Lost His Life While On Duty
3 years, 11 months ago

Uttarakhand High Court Directs States To Grant Extraordinary Pension To Widow Of Police Officer Who Lost His Life While On Duty

Live Law  

The Uttarakhand High Court directed the State to sanction and grant extraordinary pension in favour of the widow of a police officer who lost his life while on duty.Ramesh Chand Rajwar, was a Sub Inspector in the Police Department. The Uttarakhand High Court directed the State to sanction and grant extraordinary pension in favour of the widow of a police …

Kerala High Court Issues Notice On Plea Alleging Lack Of Transparency in Recruitment Of Personal Staff of Ministers, Leader of Opposition, Chief Whip
3 years, 11 months ago

Kerala High Court Issues Notice On Plea Alleging Lack Of Transparency in Recruitment Of Personal Staff of Ministers, Leader of Opposition, Chief Whip

Live Law  

The Kerala High Court today took up a PIL petition filed by an NGO against the lack of transparency in the recruitment/selection of appointment of persons be appointed to personal staff of Ministers, Leader of Opposition and Government Chief Whip forming part of Kerala Secretariat Service, Kerala Secretariat Subordinate Service and Kerala Last Grade Service without following any transparent or …

J&K Govt Employees Can Now Be Retired After Completing 22 Years of Service
4 years, 5 months ago

J&K Govt Employees Can Now Be Retired After Completing 22 Years of Service

News 18  

Srinagar: Jammu and Kashmir's civil service regulation rules were amended on Thursday to allow the administration to retire government employees at any time after completing 22 years of service or attaining the age of 48 years, an official said. On the orders of Lieutenant Governor Manoj Sinha, the administration has introduced certain substitutes in 226 Article of Jammu and Kashmir …

SC Delivers Split Verdict On Time Of Retirement When Person Joined Service As A Minor [Read Judgment]
4 years, 9 months ago

SC Delivers Split Verdict On Time Of Retirement When Person Joined Service As A Minor [Read Judgment]

Live Law  

A Division Bench of the Supreme Court arrived at a split decision in a matter regarding whether the age of an individual or the number of years served on the job would determine the basis of retirement in cases where the person was employed before attainment of majority. Additionally, Rule 73 of the Bihar Service Code states that the date …

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 …

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 …

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 …

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]
5 years, 9 months ago

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Friday held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Petitioner challenged the said condition of continuation of the disciplinary proceedings against her in a writ petition before the high Court. A division bench of …

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 …

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]
7 years ago

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]

Live Law  

It is the duty of the state to voluntarily pay the gratuity amount, the bench observed.In a huge relief to a retired government employee who fought in courts for many years, against the employer-government which denied his legitimate claim for gratuity, the Supreme Court has directed the state to pay it within three months.The bench comprising of Justice RK Agrawal …

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]
7 years ago

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]

Live Law  

It is the duty of the state to voluntarily pay the gratuity amount, the bench observed.In a huge relief to a retired government employee who fought in courts for many years, against the employer-government which denied his legitimate claim for gratuity, the Supreme Court has directed the state to pay it within three months.The bench comprising of Justice RK Agrawal …

Tamil Nadu: Retired staff of religious bodies eligible for gratuity
7 years, 5 months ago

Tamil Nadu: Retired staff of religious bodies eligible for gratuity

Deccan Chronicle  

Madurai: Retired employees of religious institutions where ten or more persons are employed at any time, after the commencement of the Payment of Gratuity Act, 1972, are entitled to apply for gratuity, observed Justice M Venugopal. While disposing writ appeal filed by secretary to Government, Tamil Development, Culture and Religious Endowments department, Chennai, against order passed by the single judge, …

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 …

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’
7 years, 7 months ago

Compulsory Retirement For 12 District Judges After Jharkhand HC Notes ‘Dubious Conduct’

Live Law  

Twelve District Judges were compulsorily retired by the Jharkhand Government on Saturday on recommendation of the Jharkhand High Court.“The judicial officers were marked by the High Court for their dubious conduct and, on the issue of probity, they were given compulsory retirement,” Secretary of Personnel and Administrative Reforms Department Nidhi Khare was quoted as saying.Ms. “The judicial officers were marked …

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 …

SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]
8 years, 2 months ago

SC Upholds Patna HC Order Quashing ‘Compulsory Retirement’ Of Judicial Officer Without Any Disciplinary Enquiry [Read Order]

Live Law  

If the officer whose conduct is questionable warranting his removal or compulsory retirement from the service, such an officer cannot simply be sent home with all the retiral benefits, the Bench said.The Supreme Court in High Court of Judicature at Patna vs. Ajay Kumar Srivastava, has upheld a Patna High Court judgment, which had set aside an order of compulsory …

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