Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers
1 year, 3 months ago

Himachal Pradesh High Court Orders Recovery Of Interest On Delayed Pension Payment From Responsible Public Officers

Live Law  

The Himachal Pradesh High Court has emphasised that public authorities must be held accountable for delays in fulfilling their duties, particularly regarding the prompt disbursement of retirement benefits to government employees. Justice Satyen Vaidya noted that these authorities hold public funds in trust and should not be allowed to waste public money through unjustified delays as it can significantly impact public welfare programs. The court also referred to Dr. A. Selvaraj vs. CBM College and others 2022 in which the court ruled that a retired employee, not responsible for payment delays, is entitled to interest on delayed payments. It therefore directed that the interest payable to the petitioner on pension arrears be recovered from responsible public officers, to be identified by the State Principal Secretary by conducting an inquiry.

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History of this topic

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC
3 weeks, 3 days ago

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC

Live Law  

A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules. It was claimed by the petitioners that, as far as the High Court of Himachal Pradesh has laid down in Sheela …

Himachal Pradesh High Court Weekly Round-Up: November 11 To 17th, 2024
1 month ago

Himachal Pradesh High Court Weekly Round-Up: November 11 To 17th, 2024

Live Law  

Nominal Index: M/s Lakhwinder Singh Stone Crusher v. Union of India & ors 2024 LiveLaw 72 Satpal Singh Satti & others vs.State of Himachal Pradesh & others and connected matters 2024 LiveLaw 73 National Highway Authority of India Versus Rajesh Kaptyaksh and Ors 2024 LiveLaw 74 General Manager, Punjab Roadways Pathankot v. Excise & Taxation Commissioner-cum-Revisional Authority and ors 2024 …

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 …

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 …

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court
6 months, 1 week ago

State Cannot Prolong Delay In Releasing Employees' Pension Under Guise Of Public Interest & Accountability: Calcutta High Court

Live Law  

A single judge bench of the Calcutta High Court comprising of Justice Aniruddha Roy, while deciding Writ Petition in the case of Sri Kunal Chandra Sen vs. State of West Bengal & Ors., held that the state cannot use public interest and accountability as an excuse to indefinitely delay the release of employees' pensions. The petitioner applied for a No …

Pensionary Benefits Cannot Be Withheld For An Indeterminate Period On Ground Of Lack Of Resources: Himachal Pradesh High Court
8 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 …

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

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court
1 year, 3 months ago

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur recently issued a mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rajasthan Civil Services Rules, 1996 and not to cause unnecessary delays in payment of pension and all retiral dues to eligible employees. The single judge bench of Justice Anoop …

Himachal Pradesh High Court Weekly Roundup: September 4 - September 10, 2023
1 year, 3 months ago

Himachal Pradesh High Court Weekly Roundup: September 4 - September 10, 2023

Live Law  

Nominal Index: Sunita Sangroli Vs State of H.P. Himachal Pradesh High Court Stays Service Tax-Cum-Divisional Commissioner’s Order As GSTAT Not Constituted Case Title: M/s Vardhman Ispat Udyog Versus State of Himachal Pradesh and Ors. & Others Citation: 2023 LiveLaw 64 Reaffirming the importance of pension as a beneficial provision for government servants, the Himachal Pradesh High Court emphasised that any …

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order
1 year, 4 months ago

Himachal Pradesh High Court Orders Attachment Of State Education Secretary's Salary For Non-Compliance Of 2020 Order

Live Law  

The Himachal Pradesh High Court has ordered the attachment of the salary of State's Education Secretary for failure to implement an order passed back in January 2020. The direction was passed while hearing an execution petition filed by one Neel Kamal Singh, who superannuated from a privately run educational institution that was taken over by the state government. The court …

Himachal Pradesh High Court Weekly Round-Up: July 24
1 year, 4 months ago

Himachal Pradesh High Court Weekly Round-Up: July 24

Live Law  

Nominal index Dev Sanskriti Charitable Trust Kullu Vs State of H.P. Case Title: Rangila Ram Vs State of HP Citation: 2023 LiveLaw 53 The Himachal Pradesh High Court clarified the legal requirements regarding election petitions under Section 164 of the H.P. Case Title: People for Responsible Governance Vs State of HP Citation: 2023 LiveLaw 54 The Himachal Pradesh High Court …

EPF Pension: Delhi High Court Restrains EPFO From Taking Coercive Steps On Basis Of Recovery Notices For Higher Pension
1 year, 6 months ago

EPF Pension: Delhi High Court Restrains EPFO From Taking Coercive Steps On Basis Of Recovery Notices For Higher Pension

Live Law  

The Delhi High Court recently restrained the Employees’ Provident Fund Organisation from taking any coercive steps with respect to the notices issued to various pensioners by it for making recoveries of the differential amount on higher pension received by them from many years. Justice Rekha Palli passed the interim order in the pleas moved by four pensioners who, after their …

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, 6 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 …

Himachal Pradesh High Court Weekly Roundup: May 8 - May 14, 2023
1 year, 7 months ago

Himachal Pradesh High Court Weekly Roundup: May 8 - May 14, 2023

Live Law  

Nominal Index: Principal Secretary PWD Vs Mehr Chand 2023 LiveLaw 31 Reta Ram Vs Land Acquisition Collector 2023 LiveLaw 32 Vikas @Vicky Vs State of Himachal Pradesh 2023 LiveLaw 33 Jawahar Lal through LRs v. State of H.P. & Ors 2023 LiveLaw 34 Rakesh Kumar Kashyap Vs State Bank of India 2023 LiveLaw 35 Judgements/Orders: Land Acquisition Act | Market …

Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court
1 year, 8 months ago

Pension | Qualifying Service Of Regular Employee Starts From Day They Take Charge Of First Post, Whether Temporary Or Substantive: HP High Court

Live Law  

The Himachal Pradesh High Court on Wednesday ruled that a regular government employee's qualifying service starts from the day he takes charge of their first post, whether it's temporary, officiating or substantive, in terms of the Rule 13 of the Civil Service and Pension Rules 1972. The petitioner superannuated on December 31st 2020, and till then, no decision was taken …

Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears
1 year, 9 months 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 …

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt
1 year, 11 months ago

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt

Live Law  

The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229 is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons. The observations were made by a …

Pension - Whether Classification Of Pensioners Based On Cut-Off Date Violates Article 14? Supreme Court Refers To Larger Bench
2 years, 10 months 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 …

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court
3 years, 9 months ago

Salaries & Pensions Are Rightful Entitlements Of Government Employees; Appropriate Interest Must Be Paid For Delayed Payment: Supreme Court

Live Law  

The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment of salaries and pensions should be directed to pay interest at an appropriate rate.The Andhra Pradesh High Court had allowed a Public Interest Litigation filed by a former District and Sessions Judge and directed the payment of the. …

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