Pensionary benefits Archives

regularisation of work-charged employees

Supreme Court: Service rendered as work charged after regularisation of service shall be counted for pensionary benefits

Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants' services as work charged from the initial appointment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order

Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the

Case Briefs High Courts

J&K HC | [S. 108 Evidence Act] A person whose whereabouts are unknown and who has not been heard of for more than 10 years, cannot be stated to have illegally run away from his service; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar, J., while allowing the present petition, clarified that a person who has been declared missing

Case Briefs High Courts

P&H HC | “It is unfortunate that dependents/heirs of an ex-employee, who died in harness, are being made to run from pillar to post.” HC warns state to get into action least the Court may be compelled to take a serious view of the matter

Punjab and Haryana High Court: Anil Kshetarpal, J., expressed concern over lethargic attitude of the State towards granting pensionary benefits to the

Case Briefs High Courts

Gau HC | In the event an excess salary is paid to an employee during his/her service tenure because of no fault of his/her, such excess payment cannot be recovered from retirement benefits; law laid down by SC reiterated

Gauhati High Court: Achintya Malla Bujor Barua J., while reiterating the principle laid down by Supreme Court, with respect to calculation and

Case Briefs High Courts

Jhar HC | Pensionary Benefits granted only when served against a permanent or substantive post and salary being paid out of public exchequer irrespective of duration served; R. 58 of Jharkhand Pensions Rules applied

Jharkhand High Court: Deepak Roshan J., upheld the impugned judgment and dismissed the petition stating that the petitioner failed to show any

Case Briefs High Courts

P&H HC | Financial constraints of employer cannot be a ground for withholding pensionary benefits from employee

Punjab and Haryana High Court: Harsimran Singh Sethi, J. heard a civil writ petition stating that financial difficulty cannot be a ground to

Case Briefs High Courts

Bom HC | Not open to Probate Court to exceed its jurisdiction by enquiring into issues of title in probate proceedings

Bombay High Court: Sandeep K. Shinde, J. examined the scope of jurisdiction to be exercised by the Probate Court, and allowed an appeal

Case Briefs High Courts

Pat HC | Cut-off date for calculating pensionary benefits of a teacher, to be counted from the date of grant of permission for establishment of school

Patna High Court: The Three-Judge Bench of Ashwani Kumar Singh, Birendra Kumar and Anil Kumar Upadhyay, JJ. dismissed a letters patent appeal

Case Briefs High Courts

Jhar HC | A person not vigilant of his rights and who acquiesces with situation cannot claim relief that is otherwise available to vigilant man

Jharkhand High Court: The Bench of Aniruddha Bose, C.J. and B.B. Mangalmurti, J. dismissed a petition claiming arrears of pension, post retrial

Case Briefs High Courts

Period of service completed prior to regularisation, would be counted towards pensionary benefits

Gujarat High Court: A petition filed by the aggrieved under Articles 14, 16 and 226 of the Constitution, for denial of pensionary

Case Briefs High Courts

Excess payment made to a retired employee can’t be recovered from his pensionary benefits, unless grounds of fraud or misrepresentation are involved

Calcutta High Court: The writ petition was preferred by a primary school teacher, aggrieved that an amount of Rs. 68, 556 was

Case Briefs High Courts

An employer’s right to recover excess payment from pensionary benefits of employee who has committed no fraud or misrepresentation whatsoever, must be strictly construed

Calcutta High Court: In the present case, where the petitioner was aggrieved due to the impugned Pension Payment Order, 1999 by which

Case Briefs High Courts

Brother of government servant, if aged 18 years and above at the time of nomination, cannot be construed as ‘family member’ eligible for pensionary benefits

Madras High Court: Dismissing a petition filed under Article 226 of the Constitution against the order of the District judge denying pensionary