Retired High Court Judge Entitled To Leave Encashment When He Completes Tenure As Chairman Of Railway Claims Tribunal: Karnataka HC
5 months, 3 weeks ago

Retired High Court Judge Entitled To Leave Encashment When He Completes Tenure As Chairman Of Railway Claims Tribunal: Karnataka HC

Live Law  

The Karnataka High Court has directed the Union of India to calculate and disburse the leave encashment amount due to a former Judge of the High Court, who on retiring was appointed as Chairman of the Railway Claims Tribunal and served in the position for over two years. A Single judge bench of Justice Sachin Shankar Magadum partly allowed the petition filed by Justice B Padmaraj and said “This Court is of the opinion that the petitioner is entitled for grant of leave encashment in respect of the earned leave standing to his credit during his tenure as Chairman of the Railway Claims Tribunal.” The petitioner had approached the court after he was denied cash equivalent of salary for the earned leave standing to his credit and an additional pension. Relying on sub-rule of Rule 6 of the Railway Claims Tribunal Rules, 1989, it was argued that the earned leave encashment received upon retiring from the judiciary should not be considered in calculating the leave encashment accrued during his tenure as Chairman of the Railway Claims Tribunal. “The petitioner, having served as Chairman for a tenure of two years and eight months, is entitled to leave encashment independently of the leave encashment received upon retirement as a High Court Judge.” Accordingly it allowed the petition in part.

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History of this topic

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court
1 week ago

'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court

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A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39 of the said Rules. The Petitioner was charge-sheeted for allegedly participating in a one-day protest and could not be denied the benefit of grant of …

Dismissal from Service Automatically Forfeits Leave Benefits; No Express Denial Required: Gauhati HC
1 month ago

Dismissal from Service Automatically Forfeits Leave Benefits; No Express Denial Required: Gauhati HC

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Gauhati High Court: A Division Bench of Chief Justice Justice & Justice N. Unni Krishnan Nair of the Gauhati High Court overturned the Central Administrative Tribunal's order directing Railways to release leave encashment benefits to a dismissed employee. The Court held that dismissal from service automatically results in forfeiture of past service under Rule 40 of Railway Services Rules, 1993, …

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024
10 months, 4 weeks ago

Orissa High Court Weekly Round-Up: January 15 To January 21, 2024

Live Law  

Nominal Index: Jaga @ Jagabandhu Mohalik v. State of Orissa, 2024 LiveLaw 4 Sk. v. Principal Commissioner, GST & Central Excise, Bhubaneswar, Odisha, 2024 LiveLaw 9 Judgments/Orders Reported This Week: Mere 'Absconding' Not Conclusive Proof Of Guilt Against Accused In Cases Of Murder: Orissa High Court Case Title: Jaga @ Jagabandhu Mohalik v. State of Orissa Citation: 2024 LiveLaw 4 …

Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court
1 year, 3 months ago

Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court

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The Karnataka High Court has held that the Railway Claims Tribunal has no power to punish any person for disobeying its orders, granting compensation to claimants. A single judge bench of Justice R Nataraj allowed the petition filed by the Union of India and quashed a 2017 order passed by the Tribunal, issuing show cause notice to the General Manager, …

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

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 5 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

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The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

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