Parties Should Be Heard Before Initiating Recovery From Pension Even If Statute Does Not Require So: Kerala High Court
2 years, 7 months ago

Parties Should Be Heard Before Initiating Recovery From Pension Even If Statute Does Not Require So: Kerala High Court

Live Law  

The Kerala High Court on Friday ruled that parties should be offered a hearing before a recovery proceeding as per principles of natural justice, even if a statute does not provide for the same since such proceedings can have civil and pecuniary consequences.A Division Bench of Justice A.K. The Kerala High Court on Friday ruled that parties should be offered a hearing before a recovery proceeding as per principles of natural justice, even if a statute does not provide for the same since such proceedings can have civil and pecuniary consequences. Dias thereby dismissed the argument of Kerala State Road Transport Corporation that before the Corporation finds that excess payments are made, the employees need not be heard as there is no statutory provision mandating the same. Standing Counsel Deepu Thankan appearing for KSRTC argued that Corporation is governed by Note 2 of Rule 3 of Part III of Kerala Service Rules which permits the employer/Government to recover the amounts due from the employee without any departmental/judicial proceedings after giving the employee or pensioner a reasonable opportunity to explain.

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History of this topic

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court
4 months, 1 week 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, 1 week 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 …

Kerala High Court Reassures KSRTC Pensioners That Pension Will Be Paid On Time, Warns Govt Of Contempt Proceedings
6 months, 2 weeks ago

Kerala High Court Reassures KSRTC Pensioners That Pension Will Be Paid On Time, Warns Govt Of Contempt Proceedings

Live Law  

The Kerala High Court when apprised of the news about the suicide of a KSRTC retiree, urged the pensioners not to take steps which are irrational and unnecessary. Justice Devan Ramachandran said that he would decide whether to initiate suo motu contempt proceedings against the Government on the 4th of September after seeing how the government is planning to pay …

Will Clear Pension Arrears Of KSRTC Employees Within Two Weeks: State Govt Tells Kerala High Court
1 year, 1 month ago

Will Clear Pension Arrears Of KSRTC Employees Within Two Weeks: State Govt Tells Kerala High Court

Live Law  

The State government has informed the Kerala High Court that pension arrears of retired Kerala State Road Transport Corp employees would be paid within 2 weeks.These submissions came in a contempt plea, against the State for refusing to clear the pension arrears of the KSRTC employees.Counsel representing the Transport Department previously informed the bench regarding the. The State government has …

KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench Decision
1 year, 7 months ago

KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench Decision

Live Law  

The Kerala High Court recently dismissed an appeal filed by the Kerala State Road Transport Corporation challenging the Single Judge decision directing KSRTC to deposit both the employees' and employer's contributions to the National Pension Scheme, and the contributions to State Life Insurance Policy and Group Insurance Accounts within six months. The Corporation inheres no right to meet its financial …

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court
1 year, 9 months ago

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Live Law  

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. The Kerala High …

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, …

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