2022 SCC Vol. 3 Part 4
In Part 4 of 2022 SCC Volume 3, read some very pertinent Supreme Court decisions, involving aspects regarding reservation, accountability of social
Pension
110 Reports from 20 High Courts: Money Laundering, Child Marriages, Rule of Law, PC & PNDT Act, Adultery, Media Trial and more | April RoundUp 2022
110 Reports from 20 High Courts Allahabad High Court Money Laundering For money launderers “jail is the rule and bail is an
If service of an employee at his superannuation is less than ten years, then previous temporary or officiating service needed to be counted for qualifying service for pension: Bom HC
Bombay High Court: The Division Bench of R.D. Dhanuka and S.G. Mehare, JJ., expressed that, for condoning the interruption in service, the
Ill-treatment meted out to respondent-mother, expelled from her own house, allegations of mental, physical and social abuse; Raj HC directs petitioner-son to vacate the house with his family
Rajasthan High Court: Sameer Jain J. dismissed the petition and refused to interfere with the impugned order. Factual Background The facts of
Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers
Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether
Megh HC | Court decides on eligibility of family pension under Rule 48 of Meghalaya Civil Services Pension Rules of 1983
Meghalaya High Court: H. S. Thangkhiew J. dismissed the petition and affirmed that the petitioner was not eligible to avail family pension.
AFT grants war injury pension to soldier who sustained injuries resulting in disability during Operation Hifazat
Armed Forces Tribunal (Chandigarh Bench): The Bench of Justice Dharam Chand Chaudhary (Member J) and Vice Admiral HCS Bisht (Member A), granted
No Pensionary Benefits To WALMI Employees; Employees Of Autonomous Bodies Can’t Claim Benefits On A Par With Government Employees As Matter Of Right: SC
Supreme Court: Finding the Bombay High Court’s judgment directing the State to extend the pensionary benefits to the employees of Water and
In a tiff between “mighty Union of India” & “an ordinary soldier”, the soldier wins as SC holds that members of Ecological Task Force also entitled to Disability Pension
Supreme Court: In a case where a soldier, after serving in the Regular Army for 25 years, was re-enrolled in the Infantry
Determination of Pension to be governed by the rule as it existed at the time of joining or the rule in force at the time of retirement? SC answers
“Discrimination, which is not based on any reasonable classification, is violative of all canons of equality enshrined in the Constitution of India.”
Pat HC | Breach of Trust and Misappropriation of Client’s money; HC denies bail to Advocate booked for enchasing compensation granted to his client by Railway Claims Tribunal
Patna High Court: Rajeev Ranjan Prasad, J., denied bail to the advocate booked for allegedly misappropriating his client’s money and committing breach
Can service rendered in Central and State government be considered a single block of pensionable service by condoning the break period between two services? SC answers
Supreme Court: The Division Bench of M.R. Shah and A.S. Bopanna*, JJ., condoned the non pensionable sandwiched period between pensionable services rendered
“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces
“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”
Whether duration of practice at the Bar be counted along with qualifying period put in by claimant as Judicial Member for calculating pension? Del HC decides
Delhi High Court: V. Kameswar Rao, J., refuses to grant relief to the claimant who urged to include 10 years of practice
AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.
Arunachal Pradesh | Government grants dearness allowance to pensioners
The Government of Arunachal Pradesh has granted dearness relief to government pensioners or pensioner’s families with an advice for early payment of
Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited
Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a
Tri HC | Court rejects post-retiral benefits of pension and gratuity on false claim of being a reserved category candidate; however, salary already paid not a subject of recovery
Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed aggrieved about non-payment of gratuity and pension after retirement.
AFT | Pension cannot be denied for disability being less than 20% where the disability is assessed at 15-19%
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve, Member (A) held
P&H HC | “She requires to maintain herself and cannot be denied financial assistance”, HC grants pension to widow convicted for murder
Punjab and Haryana High Court: G.S. Sandhawalia, J., allowed the instant petition against the order of State whereby the petitioner’s claim for